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sponsible for its return to the library from 
which it was withdrawn on or before the 
Latest Date stamped below. 

Theft, mutilation, and underlining of books 


are reasons for disciplinary action and may 
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WASHINGTON HALL. 


THE BIRTH-PLACE OF WEST VIRGINIA. 


This building stood on the northeast corner of Market and Monroe streets—now 
Market and Twelfth streets—Wheelivg. Within it, on the second floor, the Conven- 
tions of 1861, which reorganized the Government of Virginia and provided for the 
formation of West Virginia, held their sessions. It was erected in 1851 by a corpor- 
ation known as the Washington Hal] Association, at a cost of $46,000.00. It was first 
opened on January 1, 1853, when the citizens of Wheeling gave a banquet in honor 
of the President of the Baltimore and Ohio Railroad, together with his guests from 
the City of Baltimore and the States of Virginia and Maryland, who arrived at the 
City of Wheeling on that date, having been carried thither by the first through traln 
from the Atlantic Ocean to the Ohio River. It was totally destroyed by fire 
November 30, 1876. 


w= 


LIVER GI ty | 


HOW WEST VIRGINIA WAS MADE.’ 


PROCEEDINGS OF THE FIRST CONVENTION 


OF THE 


PEOPLE OF NORTHWESTERN VIRGINIA 


cy iy es 


WHEELING 


MAY 13, 14 AND 15, 1861, 


AND THE 
JOURNAL OF THE SECOND CON VENTION 
| OF THE 
PEOPLE OF NORTHWESTERN VIRGINIA 
AT 


WHEELING, 


Wuicu ASSEMBLED, JUNE llTH, 1861, AND CONTINUED IN SESSION 
Unti. JuNE 25TH. ADJOURNED Untit August 6TH, 1861. 
REASSEMBLED ON THAT DATE, AND CONTINUED IN SES- 

SION Untin August 21st, WHEN IT 
ADJOURNED sine die. 


WITH APPENDIXES 


AND AN 


INTRODUCTION, ANNOTATIONS AND ADDENDA 


® 
BY 


VIRGIL A. LEWIS, M. A., 


STATE HISTORIAN AND ARCHIVIST. 


PuBLICATION DirEcTED BY Hon. WiuuiAM G. CoNnLEy, ATTORNEY- 
GENERAL OF WEST VIRGINIA, DECEMBER 1, 1909. 


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PREFATORY AND EXPLANATORY. 


Sources of Information.. 


Forty-eight years have come and gone since the two Conven- 
tions of the people of Northwestern Virginia assembled at 
Wheeling in the year 1861, and yet their proceedings were never 
printed in book form. The Secretaries of the First Convention, 
were Judge Gibson Lamb Cranmer, of Ohio County; Charles B. 
Waggener, of Mason County; and Marshall M. Dent, of Monon- 
galia County. Judge Cranmer was the Secretary of the Second 
Convention, and was the custodian of the manuscript proceed- 
ings, journals, and other documents of these Conventions. What 
became of this manuscript material? Judge Cranmer died sev- 
eral years since. Hon. Granville D. Hall, who was the 
stenographic reporter of the proceedings of both these Cenven- 
tions for the Daily Intelligencer of Wheeling, and who is still 
living, and residing at Glencoe, Illinois, had some correspond- 
ence with Judge Cranmer in 1899, concerning the manuscript 
material of these Conventions, and he has kindly furnished us 
with the following extracts from letters which he received from 
Judge Cranmer, whose home was on Wheeling Island. Under 
date of March 28, 1899, he said: 


“During the flood of 1884, as you are doubtless aware, I lost my manu- 
scripts (which were voluminous,) since when, I have lost courage in 
attempting to duplicate them to any extent.” 

Under date of December 4, 1899, he said: | 

“As you are probably aware, the manuscript I had prepared concerning 
the re-organizaticon of Virginia, was destroyed in the flood of 1884, to- 
gether with my data; and since then I have not undertaken to re-write 
it.” 


Under date of December 28, 1899, he said: 


“T am not sure whether or not, I have informed you of the disposition 
of the papers referred to in your letter of December 4th. Under the in- 
structions of the Governor at that time, I shipped all papers and docu- 
ments in my possession, as secretary, to Alexandria, Va., at the time 
when the seat of government of the re-organized Government of Virginia 
was removed to that city.” 

Query :—Were the journals of these Conventions a part of the 


manuscript documents sent to Alexandria, at the time of the re- 
moval of the seat of Restored Government from Wheeling to that 
place in 1863; or were they included in those ruined in _ the 


1094787 


4 PREFATORY AND INTRODUCTORY. 


residence of Judge Cranmer on Wheeling Island, at the time of 
the great flood in the Ohio river, in February, 1884? Judge 
Cranmer does not say whether these journals were included in 
the manuscript material sent tc Alexandria in 1863, or in that lost 
in his home in 1884. As to this, the fact will in all probability 
never be known. The writer has made diligent inquiry at Alex- 
andria, and also at Richmond, but found no trace of these jour- 
nals; and two years since, was informed by Hon. D. Q. Eggleston, 
Secretary of the Commonwealth, that no such documents are in 
the possession of the State of Virginia. The inference therefore, 
is, that they were lost in: the flood referred to by Judge Cran- 
mer. This would indicate that the only records of the Proceed- 
ings and Journals of these Conventions, now in existence, are 
those printed in the Daily Intelligencer, of Wheeling. This news- 
paper was founded in 1852, the first issue thereof appearing on 
the 24th of August, that year. Its founders were E. B. Swear- 
ingen and Oliver I. Taylor; the latter and Joseph H. Pendleton be- 
ing the editors. Later, the publishers were Pendleton and Beatty, 
who in 1856, sold the paper to Archibald W. Campbell and John 
F. McDermot, the former becoming the editor-in-chief. He 
speedily rose to a prominent place among the newspaper men of 
the Ohio Valley, a position which he continued to occupy to the 
end of his life. He was a delegate to the Convention which nom- 
inated Abraham Lincoln for the Presidency, and the Intelligen- 
cer supported him for that position in the ensuing campaign. 
There were then, weekly, tri-weekly, and daily editions, the last 
being a four-page, twenty-inch, seven-column paper. Its 
editor most vigorously opposed the secession of Virginia, and 
with like interest, supported the movement of Northwestern 
Virginia which resulted in a Restored Government, and the for- 
mation of the new State of West Virginia. He gave himself, 
without reserve, to the work of educating and preparing the peo- 
ple of Northwestern Virginia for the high destiny he had faith 
to believe awaited them. On the exchange list of the Intelligen- 
cer, were all the other newspapers published in Northwestern 
Virgina, and from them a vast mass of history material was re- 
produced. Hence its files covering the years of the Civil War 
are priceless. But two of these are believed to be in existence; 
one being in the public library in the city of Wheeling; the 
other in the possession of the State Department of Archives and 


PREFATORY AND INTRODUCTORY. 5 


History. It is from this last that the Proceedings and Journals 
of the two Conventions of 1861, are herewith printed. *They are, 
no doubt, as accurate, and fuller and more complete, than the 
routine journals kept by the Secretaries of these Conventions. 
In addition to the record of routine business, they contain much 
of the discussions and debates, with addresses to the people, 
and ordinances, and other documents not usually found in 
the journals of deliberative bodies. Because of this, they are 
far more complete than are the journals of the State Conven- 
tion at Richmond a few months before; or is that of the Constitu- 
tiona! Convention at Wheeling, a few months later. For these rea- 
sons, the files of the Daily Intelligencer are, and must continue to 
be, the chief sources of the history of the organization of 
the Restored Government of Virginia, and the formation of the 
State of West Virginia. From these the following records of the 
Proceedings and Journals of the First and Second Conventions 
of the people of Northwestern Virginia in 1861, have been accu- 
rately transcribed; the only changes made being the re-arrange- 
ment of the list of delegates, and the use of full given names, in- 
‘stead of initials, in cases where the said names are well known. 

When an omitted word or phrase has been supplied, it has 
been enclosed in brackets, thus [ ]; and if of an explanatory 
character, curves have been used to enclose it, thus ( ) od ba 
some instances, abbreviations have been expanded, that their 
meaning might be rendered plain. 

December 12, 1909. Vit Ase Le 








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CHAPTER I. 


ooo 


INTRODUCTION—EXTRA SESSION OF THE GENERAL ASSEMBLY OP 
VIRGINIA—THE STATE CONVENTION—ORDINANCE OF SECESSION 
—ALLIANCE BETWEEN VIRGINIA AND THE CONFEDERATE STATES 
—ADOPTICN OF THE PROVIS‘ONAL CONSTITUTION OF THESE 
States—A PROVISIONAL ARMY—CITIZENS OF VIRGINIA AB- 
SOLVED FROM THEIR ALLEGIANCE TO THE UNITED StatTES—THE 
Srare ADMITTED AS ONE OF THE CONFEDERATE STATES OF 
AMERICA. 





The New Year—that of 1861—was inaugurated throughout 
Western Virginia with as bright a winter day as ever dawned over 
this Trans-Allegheny Region. The early morning was sharp and 
frosty, but the sun shone out gloriously, and long before noon the 
frost, together with the light snow that here and there covered the 
earth along the northern hillsides, with other evidences of winter, 
were dispelled; and a warm balmy breeze came from the South- 
west, as if to complete the delusion that nature had gone back to 
the autumn-time again. ‘There was on every hand the same holi- 
day appearance as of yore; fire-crackers, torpedoes, the discharge 
of fire-arms, cakes, candies, feasting, clean clothes and friendly sal- 
utations, with the compliments of the season, in fifty thousand 
homes which dotted the wide expanse all the way from where the 
Ohio rolls its onward course to the Gulf, across the mountains to 
-where the ‘waves of the Chesapeake dash against the shore-lands of 
Virginia. Thus began in Western Virginia—the year 1861—the 
most memorable in all American history. 

But, even then differences existed between the South- 
ern and Northern sections of the country, which threat- 
ened not only to destroy the Union, but to wreck society 
itself, and which did produce the most terrible civil war of all time. 
On the 20th of the preceding December, South Carolina had adopt- 
ed an Ordinance of Secession declaring that the Union hitherto 
existing between South Carolina and the other States was dissolved. 


8 How West VirGintA Was MADE. 


This sentiment spread with great rapidity and by the first of Feb- 
ruary, 1861, five other States—Mississippi, Florida, Alabama, 
Georgia, and Louisiana — had all taken similar action. 
The Senators and Representatives of these States re- 
signed their .seats in the National Congress and re- 
turned to their homes to become leaders of the for- 
tunes of their people. On the 4th day of February, 1861, 
delegates from six of the seceded States assembled at Montgomery, 
Alabama, and formed a new Government called the Confederate 
States of America. Four days later, this was organized by the 
election of Jefferson Davis, of Mississippi, as Provisional President, 
and Alexander H. Stephens, of Georgia, as Vice-President. 


An Extra Session of the General Assembly of Virgima. 


Very soon Virginia became a theatre on which were enacted most 
remarkable scenes in the tragedies and dramas of history. Under 
the provisions of her Constitution adopted in 1851, the General 
Assembly held biennial sessions. The winter of 1860-61, was the 
period of vacation. Influenced by the pressure of events, Governor 
John Letcher, on the 15th day of November, 1860, issued a procla- 
mation convening the General Assembly in extra session, on Mon- 
day, January 7, 1861. In this, he said: ‘‘Great excitement pre- 
vails in the public mind, and prudence requires that the represen- 
tatives of the people of this Commonwealth should take into con- 
sideration the condition of public affairs and determine calmly and 
wisely what action is necessary in this emergency.’’ 

In obedience to this proclamation of the Governor, the General 
Assembly convened in the Capitol at Richmond, on the date 
fixed,—January 7, 1861. In his message to this body, Governor 
Letcher said: 

‘‘The proposition for the call of a State Convention, to deter- 
mine the position which Virginia shall take, in view of passing 
events, appears to have been received with very general favor. As 
this subject has been much discussed by the people in their pri- 
mary meetings, it is not only proper, but it is doubtless expected 
that I shall refer to it in this communication. * * * TI have 
my convictions upon this question, and I give expression to them 
in declaring my opposition at this time, to the call of a State Con- 
vention. I see no necessity for it at this time, nor do I now see any 
good practical result that can be accomplished by it. I do not con- 
sider this a propitious time to moot the question, and I apprehend 


THE ACTION OF VIRGINIA. 9 


from indications that have been exhibited, that serious difficulties 
and embarrassments will attend the movement.’’! 


Speedily the views of a majority of the members of the Assembly 
became known, and they were at variance with those of the Gov- 
ernor. On the second day of the session, that body adopted Resolu- 
tion No. 1, relating to the coercion of a State, the text thereof being 


as follows: 

1. “‘Resolved by the general-assembly of Virginia, that the Union being 
formed hy the assent of the sovereign states respectively, and being con- 
sistent only with freedom and the republican institutions guaranteed to 
each, cannot and ought not to be maintained by force. 

2. “That the government of the Union has no power to declare or 
make war against any of the states which have been its constituent 
members. 

3. “Resolved, that when any one or more of the states has determined, 
or shall determine, under existing circumstances, to withdraw from the 
Union, we are unalterably opposed to any attempt on the part of: the 
federal government to coerce the same into re-union or submission, and 
that we will resist the same by all the means in our power.”2 


On the 21st day of January ensuing, another resolution was 
adopted by the Assembly. This was ‘‘ Joint Resolution No. 2, con- 
cerning the position of Virginia in the event of the dissolution of 


the Union’’. It was as follows: 


“Resolved by the general assembly of Virginia, That if all efforts to 
reconcile the unhappy differences existing between the two sections of 
the country shall prove to be abortive, then, in the opinion of the general 
assembly, every consideration of honor and interest demands that Vir- 
ginia, shall unite her destiny with the Slaveholding States of the 
South.’’3 

The Assembly continued in session until April 4, 1861. Other 


resolutions similar to the foregoing were adopted and many acts 
of general legislation were enacted. 


The State Convention and the Ordinace of Secession. 


A majority of the members of the General Assembly differed in 
their opinions from that of Governor Letcher, and on the 14th day 
of January, but seven days after the session began, an act was 
passed providing ‘‘For electing members of a Convention and to 
convene the same.’’ Never before in the history of Virginia had 
there been a State Convention which had not been authorized by 
a majority vote of her people. Now this was changed, the Assembly 
assuming the right to provide for and call a Convention. The dele- 

1. See message of Governer Letcher, pp 21-22—printed in the Senate Journal of 
Extra Session of the General Assembly, convened at Richmond, January 7, 1861. 

a, Sis Acts of the Generni Assembly—Hxtra Session convened January 7, 1861— 


a See Acts of the General Assembly—Extra Session convened January 7, 1861. 
pe sal 


10 How West VirGInNIA Was MADE. 


gates thereto were to be elected on the 4th of February, 1861, and 
at the said election the Commissioners were required to ‘‘Open a 
separate poll to take the sense of the qualified voters as to whether 
any action of said Convention dissolving our connection: with the 
Federal Union or changing the Organic Law of the State, shall be 
submitted to the people for ratification ; and in order to ascertain 
the sense of the voters upon the question aforesaid, the said officers 
shall cause to be kept a poll-book to be headed ‘‘Upon the ques- 
tion of referring such action to the people for their decision’’ 
which poll-book shall have two columns—the one headed ‘‘For re- 
ferring to the people,’’ and the other ‘‘ Against referring to the 
people,’’ and the names of those who vote for the former shall be 
written under the former heading, and those who vote for the lat- 
ter, under the latter heading.’”’ 

The date fixed for the assembling of the Convention was Wed- 
nesday, the 13th of February. The number of Delegates was one 
hundred and fifty-two, of whom forty-seven were from counties 
now included in West Virginia. The Convention assembled on the 
date fixed, and on that day there was a memorable scene in 
and around the old State House at Richmond. There Virginia had 
convened her renowned jurists, profoundest thinkers and literary 
characters. There sat ex-President John Tyler, Henry A. Wise, 
ex-Governor of the Commonwealth, and many others who had held 
high positions in the councils of the State and Nation. 

A temporary organization was effected by the election of James 
Hl. Cox of Chesterfield County; and he was escorted to the chair 
by George W. Summers and Spicer Patrick, the delegates from 
Kanawha County—now in West Virginia. Then William F. Gor- 
don, clerk of the House of Delegates, was appoined temporary 
Secretary. A permanent organization was declared to be in order 
and John Janney, of Loudon County, was elected President. In 
his address to the Convention, he said: 


‘‘T tender you my sincere and cordial thanks for the honor you 
have conferred upon me, by calling me to preside over the delibera- 
tions of the most important Convention that has been assembled 
in this State since the year 1776 * * * It is not my purpose 
to indicate the course which this body will probably pursue, or the 
measures it may be proper to adopt. The opinions of to-day may 
all be changed to-morrow. Events are thronging upon us, aun we 
must deal with them as they present themselves. * * 

Gentlemen: There is a flag which for nearly a century a been 
borne in triumph through the battle and the breeze, and which now 


Tuer ACTION OF VIRGINIA. 11 


floats over this capitol, on which there is a star representing this 
ancient Commonwealth, and my earnest prayer, in which I know 
every member of this body will cordially unite, is that it may re- 
main forever; provided always that its luster is untarnished. We 
demand for our own citizens perfect equality of rights with those 
of the empire States of New York, Pennsylvania and Ohio; but 
we ask for nothing that we will not cheerfully concede to those of 
Delaware and Rhode Island. * * * 

Gentlemen: This is no party Convention. It is our duty on an 
occasion like this to elevate ourselves into an atmosphere in which 
party passion and prejudice cannot exist—to conduct all our de- 
hberations with calmness and wisdom, and to maintain with firm- 
ness, whatever position we may find it necessary to assume.’”! 


When the President finished his address, John L. Hubank of the 
city of Richmond, was elected permanent Secretary. A Committee 
on Federal Relations, consisting of twenty-one members, was ap- 
pointed February 16, 1861. It consisted of Robert Y. Conrad, of 
Frederick County; Henry A. Wise, of Princess Anne County; 
Robert E. Scott, of Fanquier County; Wm. Ballard Preston, of 
Montgomery County; Lewis E. Harvie, Amelia and Nottaway 
Counties; William H. Mecfarland, Richmond City; William Mce- 
Comas, Cabell County; Robert Montague, Matthews and Middlesex 
Counties; Samuel Price, Greenbrier County; Valentine W. South- 
all, Albemarle County; Waitman T. Willey, Monongalia County; 
James C. Bruce, Halifax County; William W. Boyd, Botetourt and 
Craig Counties; James Barbour, Culpepper County; Samuel C. 
Williams, Shenandoah County; Timothy Rives, Prince George and 
Surry Counties; Samuel McD. Moore, Rockbridge County; George 
Blow, Jr., Norfolk City; Peter C. Johnson, Lee and Scott Counties ; 
John B. Baldwin, Augusta County; John J. Jackson, Wood County 
—seventeen from what is now Virginia, and four from what became 
West Virginia. 

On the same day the President appointed the following Commit- 
tee on Elections, viz: Alpheus F. Haymond, of Marion County, 
(now in West Virginia) ; William L. Goggin, of Bedford County; 
Willkam G. Brown, of Prestoh County, (now in West Virginia) ; 
J. R. Chambliss, of the Greeneville-Sussex Delegate District; Allen 
T. Caperton, of Monroe County, (now in West Virginia) ; Wiliam 
Ambler, of Louisa Ceunty; Algernon 8. Gray, of Rockingham 
County ; Eppa Hutton, of Prince William County; John A. Camp- 
bell, of Wythe County; William M. Tredway, of Pittsylvania 


4. See Journal of the Convention.—pp. 8, 9, 10. 


12 How West VirGiIniA Was MADE. 


County; and Addison Hall of the Lancaster-Northumberland Del- 
egate District. 

‘The business of the Convention was now fairly begun, and reso- 
lutions were poured upon-the Convention with great rapidity, far 
the greater number being referred to the Committee on Federal 
Relations. They were expressive of divers sentiments and conflict- 
ing opinions. The Governor was requested to furnish the number 
of Enrolled Militia and the number and character of arms distrib- 
uted to Volunteer companies. <A select Committee of five was ap- 
pointed to report speedily whether any movements of arms or men 
had been made by the Federal government to any fort or arsenal 
in or bordering on Virginia indicating a preparation for attack or 
eoercion. 

The 18th day of February was set apart for the reception of the 
Commisioners appointed by the States of South Carolina, Georgia 
and Mississippi, to the Convention to ask the co-operation of Vir- 
ginia in establishing and maintaining a government in the seceded 
States. The first speaker was Hon. Fulton Anderson, the Commis- 
sioner from Mississippi. He began his remarks by a graceful adula- 
tion of Virginia, in attributing to her the honor of leadership 
in the struggle for independence with the crown of Great Britain. 
He then rehearsed the action of his own State in her secession 
from the Union; and closed by saying that Virginia held in her 
hands the destiny of a Southern Confederacy, and that by uniting 
with her Southern sisters, a revolution would be accomplished, 
bloodless and peaceful in its character, and no more threats of 
coercion would be heard. Hon. Henry L. Benning, from Georgia, 
was next introduced. He urged separation as the only remedy for 
existing evils. ‘‘What’’ said he, ‘‘shall influence a nation to enter 
into a treaty with another nation?’’ It is, he argued, interest— 
material, social, political and religious interest. A long array of 
statistics and figures were presented to show how Virginia would 
be benefited by joining her fortunes with those of the seceding 
States. Then came Hon. John S. Preston, the Commissioner from 
South Carolina, who stated that his mission was ‘‘to communicate 
to the people of Virginia the causes which have impelled the peo- 
ple of South Carolina to withdraw from the United States’’. He 
believed that the time had come when the slaveholding States 
should resume the powers hitherto granted to the General Gov- 
ernment. He closed with an earnest appeal to Virginia to assume 
that position which her past greatness indicated, and with her 


\ 


THE ACTION OF VIRGINIA. 12 


voice hush the storm of war and keep the ancient glory of her name. 
The Commissioners were representative men of their respective 
States, and the addresses of all were resplendent with rhetorical 
flourish and literary excellence. All portrayed the danger to Vir- 
ginia by remaining longer in the Union, and held up to view a 
new government of a new nation of which Virginia, should she pass. 
an Ordinance of Secession, would become the chief corner-stone. 
The effect produced by this visit of the Commissioners was indeed 
powerful. By resolution, each Commissioner was requested to fur- 
nish the manuscript of his address and three thousand copies were 
ordered printed for the use of the Convention. 

The citizens of many of the eastern counties, in convention as- 
sembled, urged the Convention to immediate action. At a meet- 
ing in Bedford County, March 6, 1861, the following was adopted: 


“Be it resolved, That we will resist any and every attempt at coercion,,. 
and respectfully request our delegates in the Convention to use every 
means ir their power to dissolve the connection of Virginia with the 
Iederal Government.’5 


At a meeting of the citizens of Smythe County, at their Court- 
house, March 9, 1861, they adopted the following: 


“Resolved, That the honor, the duty, and the interests of Virginia, im- 
peratively demand that she should immediately resume all her rightful’ 
sovereignty and stand prepared for war.’’6 


On the 6th of March, Alpheus F. Haymond, Chairman of the 
Committee on Elections, reported to the Convention, that returns 
from the election held on the 4th of the preceding February, had 
been received from all of the counties of the State (except Bu- 
chanan, Cabell, Elizabeth City, Greene, Logan, McDowell and 
Wise), and that the total number of votes reported cast, was 145,- 
£97, of which 100,536 were in favor of referring the action of the 
Convention to the People for ratification or rejection; and 45,161, 
against referring to the people.’ 

On Saturday, April 13th, it was reported in Richmond that the 
South Carolina forces had attacked Fort Sumter, and Governor 
Letcher sent a telegram to Governor Pickens of that State, making 
inquiry as to whether the report was true. To this the latter re- 
plied, saying: ‘‘It is true, and it still continues. No damage to 
any on our side or to our works. Great damage to Fort Sumter.’’ 
Later in the day Governor Pickens sent another telegram saying: 
<<rNhat Fort Sumter was bombarded all day yesterday * * * 
The war has commented. Please let me know what Virginia will 

See Journal of the Convention—p. 9S. 


6. See Journal of the Convention—p. 99. 
7. See Documents of the Convention—No. IX. p. 6. 


14 How West VIRGINIA WASa@MADE. 


do?’’ To this, Governor Letcher replied by saying: ‘‘The Con- 
vention now in session will determine what Virginia will do.’’ 


An Ordinance of Secession. 


This determination by the Convention was soon reached, as Gov- 
ernor Letcher said it would be. Henceforth there was much con- 
fusion, and excited discussions continued until April 16th, when, 
with the Convention in secret session, William Ballard Preston 
reported from the Committee on Federal Relations the following 
Ordinance: 

“AN ORDINANCE TO RFPEAL THE RATIFICATION OF THE CONSTITUTION OF THE 
UNITED STATES OF AMERICA, BY THE STATE OF VIRGINIA, AND TO RESUME 
ALL THE RIGHTS AND POWERS GRANTED UNDER SAID CONSTITUTION. 

The people of Virginia, in their ratification of the Constitution of the 
United States of America, adopted by them in Convention on the twenty- 
fifth day of June, in the year of our Lord, one thousand seven hundred 
and eighty-eight, having declared that the powers granted under the 
said Constitution were derived from the people of the United States, and 
might be resumed whensoever the same should be perverted to their in- 
jury and oppression, and the Federal Government having perverted said 
powers, not only to the injury of the people of Virginia, but to the op- 
pression of the Southern Slaveholding States. 

Now, therefere, we, the people of Virginia, do declare and ordain, That 
the ordinance adopted by the people of this State in Convention, on the 
twenty-fifth day of June, in the year of our Lord, one thousand seven 
hundred and eighty-eight, whereby the Constitution of the United States 
of America was ratified; and all acts of the General Assembly of this 
State ratifying or adopting amendments to said Constitution, are hereby 
repealed and abrogated; that the union between the State of Virginia and 
the other States under the Constitution aforesaid is hereby dissolved, and 
that the State of Virginia is in fill possession and exercise of all the 
rights of sovereignty which belong and appertain to a free and inde- 
pendent State. 

And they do further declare, That said Constitution of the United 
States of America, is no longer binding on any of the citizens of this 
State. 

This Ordinance shall take effect and be an act of this day, when rati- 
fied by a majority of the votes of the people of this State, cast at a poll 
to be taken thereon, on the fourth Thursday in May next, in pursuance 
or a schedule hereinafter to be enacted.’’9 


The next day, Wednesday, April 17, 1861, was the most event- 
ful one in the annals of Virginia. At 1:30 P. M., a vote was taken 
and the Ordinance of Secession was adopted—yeas 88; nays 50—a 
majority of 33. 

The crisis had been reached and passed, but the result was not 
known until the next day. Upon its announcement all East Vir- 
ginia was wild with excitement. That evening a great mass meet- 
ing was held at the Metropolitan Hall in the city of Richmond, and 
the following resolutions unanimously adopted : 


8. See Journal of the Convention—pp. 153-155. 
9. See Ordinances of the Convention—pp- 3-4. 


THE ACTION OF VIRGINIA. 15 


“Resolved, unanimously, That the thanks of this Convention be cor- 
dially tendered to the State Convention for the noble act of patriotic 
duty which they have just performed; and forgetting all past dissen- 
tions, we will rally with united hearts and hands in defense of the 
honor, safety and independence of Virginia, and the Confederate States.”’ 

“Resolved unanimously. That the members of this Convention do here, 
in the presence of the Almighty God and of each other, pledge them- 
selves and each other, their fortunes and sacred honors, in defense of 
their native soil.’’10 & 


The same evening Col. S. Bassett French, ‘‘with a heart too full 
for utterance’’, enclosed copies of these resolutions to the President 
of the Convention, stating that they had been ‘‘adopted by the 
people under the deepest sense of their responsibility to Almighty 
God and their beloved State.’’ That night bonfires illuminated the 
public squares in Petersburg and Fredericksburg, and at interior 
towns the booming of cannon fired in celebration of the event, died 
away in prolonged echoes along the eastern base of the Blue Ridge. 
From the mountains to the sea all was enthusiasm. 

A SCHEDULE accompanied the Ordinance of Secession. In 
this it was provided that the vote of the people upon the adoption 
of said Ordinance should be taken on the fourth Thursday in May 
following: That the poll-books used should be headed ‘‘The Ordi- 
nance of Secession’’ with two columns, one headed “‘For Ratifica- 
tion’’ and the other ‘‘For Rejection.’’ That all qualified voters 
who might be absent from their county, or corporations in the Mii- 
itary Service of their State, might vote for the ratification or re- 
jection of the said Ordinance at such place within the encamp- 
ment as their Commanding Officer might designate; that the Gov- 
ernor should without delay make proclamation of the result, stat- 
ing therein the aggregate vote for and against ratification; the 
same to be published in the newspapers of the State. The ninth 
section of this Schedule read as follows: 


‘‘The election for members of Congress for this State to the 
House of Representatives of the Congress of the United States, re- 
quired by law to be held on the fourth Thursday in May next, is 
hereby suspended and prohibited until otherwise ordained by this 
Convention’’.1! 


Alliance Between Virgina and the Confederate States. 
On the 18th of April the Convention adopted the following: 


“Resolved, That the Governor of this Commonwealth be requested 
to communicate, immediately to the President of the Confederate States, 
the fact that this Convention, on yesterday, adopted an Ordinance re- 
suming the powers delegated by Virginia to the Federal Government, 
and to express to the said President the earnest desire of Virginia to 


10. See Documents of the Convention—No. XVIII., p. 6. 
11. See Ordinances of the Convention—p. 5. 


16 How West Virginia Was Maps. 


enter into an alliance, offensive and defensive, with the said Confederate 
States.12 


The next day Governor Letcher complied with the request in this 
resolution, and in reply thereto, received a telegram from the 
President of the Confederate States in relation to an alliance be- 
tween them and the Commonwealth of Virginia.® 


TELEGRAM FROM THE PRESIBENT OF THE CONFEDERATE STATES. 


‘“‘T> his Excellency, John Letcher,14 
Governor of the State of Virginia, &., &¢., &e. 

Sir:—In response to your communication, conveying to me on 
behalf of the State of Virginia, the expression of the earnest desire 
of that Commonwealth to enter into an alliance offensive and de- 
fensive with the Confederate States, and being animated by a sin- 
cere wish to unite and bind together our respective countries by 
friendly ties, I have appointed Alexander H. Stephens, Vice 
President of the Confederate States, as special commissioner of the 
Confederate States to the Government of Virginia; and I have now 
the honor to introduce him to you, and to ask for him a reception 
and treatment corresponding to his station, and to the purposes for 
which he is sent. Those purposes he will more particularly ex- 
plain to you. | 

Hoping that through his agency these may be accomplished, I 
avail myself of this occasion to offer to you the assurance of my.dis- 
tinguished consideration. JEFFERSON DAVIS. 


Montgomery, April 19, 1861.’ 


12. See Journal of the Convention—p. 165. 
13. See Journal of the Convention—p. 168. 
14. See Documents of the Convention, No. 54, p. 3. 


15. ALEXANDER H. STEPHENS’ COMMISSION TO TREAT WITH 
VIRGINIA. 
“Jefferson Davis, 
Prezident of the Confederate States of America. 
TO ALL WHOM THESE PRESENTS SHALL CONCERN, GREETING :16 


Know ye, that for the nurpose of establishing friendly relations between the Con- 
federate States of America and the Commonwealth of Virginia; and reposing special 
trust and confidence in the integrity, prudence and ability of Alexander iH. 
Stephens, Vice President of the Confederate States of Americu, appointed special 
Commissioner of the Confederate States to the Commonwealth of Virginia, I have 
invested him with full and all manner of power, and authority for, and in the 
rame of the Confederate States, to meet and confer with any person or persons 
authorized by the Government of Virginia, being furnished with like power and 
authority, and with him or them to agree, treat, consult and negotiate of, and 
concerning’ all matiers and subjects interesting to both republics; and to conclude 
a treaty or treaties, convention or conventions, touching the premises; transmitting 
the same to the President of the Confederate States for his final ratification, by 
and with the advice and consent of the Congress of the Confederate States. 

In testimony whereof, | have caused the seal of the Confederate States to be 
hereunto affixed. 

Given under my hand, at the city of Montgomery, this nineteenth day of April, 
A. D. 1861. 

By the President: JEFFERSON DAVIS. 
- ROBERT TOOMBS, ‘ 
Secretary of State.” — 
16. See Documents of the Convention. No. 54 p. 5. 


THE ACTION OF VIRGINIA. 17 


On the 22d day of April, the President of the Convention re- 
ported to that body that he had received from the Governor the 
credentials of Vice-President Alexander H. Stephens, a special 
Commissioner from the Confederate States of America, to the Com- 
monwealth of Virginia. The same day Vice-President. Stephens 
arrived in Richmond, and the next day he,addressed the Conven- 
tion upon the object of his mission to that city; at the afternoon 


session the following was adopted: 

“Resolved, That a Committee of five be appointed to confer with the 
Hon. Alexander H. Stephens, Commissioner from the Confederate States, 
to arrange with him the terms of union or alliance between this State 
and the said Confederate States, subject to the ratification of this Con- 
vention.’’17 ; 

In compliance with this resolution the, President of the Conven 


tion immediately appointed as members of such Committee, ex- 
President John Tyler, of the Charles City-James City-New 
Kent Delegate District; William Ballard Preston, of Montgomery 
County; Samuel McD. Moore, of Rockbridge County; James P. 
Holeombe, of Albemarle County; and James C. Bruce, of Halifax 
County. By a motion, Lewis E. Harvie of the Amelia-Nottaway 
Delegate District, was added to the Committee, thus making it to 
consist of six members.® There was prompt action. In less 
than twenty-four hours (on April 24th) ex-President Tyler, Chair- 
man of the Committee, reported to the Convention, for its consid- 
eration, a convention or agreement entered into between Alexan- 
der H. Stephens, Commissioner on the part of the Confederate 
States, and the Committee on the part of Virginia. This was as 
follows: 


CONVENTION 


between the 
COMMONWEALTH OF VIRGINIA 


and the 
CONFEDERATE STATES OF AMERICA. 





The Commonwealth of Virginia, looking to a speedy union 
of said Commonwealth and the other slave States with the Confed- 
erate States of America, according to the provisions of the Consti- 
tution for the Provisional Government of said States, enters into 


17. See Journal of the Convention—p. 189. 
18. See Journal of the Ceonvention—-n. 190. 


18 How West. VIRGINIA WAs MADE. 


the following temporary convention and agreement with said States 
for the purpose of meeting pressing exigencies affecting the com- 
mon rights, interest and safety of said Commonwealth and said 
Confederacy : ) 

Ist. Until the union of said Commonwealth with said Confed- 
eracy shall be perfected, and said Commonwealth shall become a 
member of said Confederacy according to the Constitutions of both 
powers, the whole military force and military operations, offensive 
and defensive, of said Commonwealth, in the impending conflict 


with the United States, shall be under the chief control and direc- 
tion of the President of said Confederate States, upon the same 
principles, basis and footing as if said Commonwealth were now, 
and during the interval, a member of said Confederacy. 

2nd. The Commonwealth of Virginia will, after the consumma- 
tion of the union contemplated in this convention, and her adop- — 
tion of the Constitution for a permanent Government of said Con- 
federate States, and she shall become a member of said Confed- 
eracy, under said permanent Constitution, if the same occur, turn 
over to said Confederate States all the public property, naval stores 
and munitions of war, ete., she may then be in possession of, ac- 
quired from the United States, on the same terms and in hke man- 
ner as the other States of said Confederacy have done in like eases. 


3d. Whatever expenditures of money, if any, said Common- 
wealth of Virginia shall make before the union under the Provis- 
ional Government, as above contemplated, shall be consummated, 
shall be met and provided for by said Confederate States. 


This Convention, entered into and agreed to, in the city of Rich- 
mond, Virginia, on the twenty-fourth day of April, eighteen hun- 
dred and sixty-one, by Alexander H. Stephens, the duly author- 
ized commissioner to act in the matter of the said Confederate 
States, and John Tyler, William Ballard Preston, Samuel MeD. 
Moore, James P. Holeombe, James C. Bruce and Lewis HE. Harvie, 
parties duly authorized to act in like manner for said Common- 
wealth of Virginia—the whole subject to the approval and ratifica- 


tion of the proper authorities of both governments respectively. 


In testimony whereof, the parties aforesaid have hereto set their 


hands and seals, the day and year aforesaid, and at the place afore- 
said, in duplicate originals. 


JOHN TYLER, [Seal.] 
WituiAM BauuARD Preston, ([Seal.] 
SAMUEL McD. Moors, [Seal. ] 
JAMES P, HoLcoMBE, [Seal.] 
JAMES C. BRUCE, [ Seal. ] 
Lewis EH. Harvin, [Seal. ] 

Commuttee of the Convention. 
ALEXANDER H. STEPHENS, [ Seal. ] 


Commissioner “for Confederate States. 


Tor ACTION OF VIRGINIA. 19 


There was no delay on the part of the Convention. The next 
day (on April 25th), the foregoing convention or agreement was, by 
that body, fully and completely ratified as follows: 


“Be it ordained by this Convention, That the Convention entered into 
on the twenty-fourth day of April, eighteen hundred and sixty-one, be- 
tween Alexander H. Stephens, Commissioner of the Confederate States, 
and John Tyler, William Ballard Preston, Samuel McD. Moore, James 
P. Holcombe,. James C. Bruce, and Lewis E. Harvie, Commissioners of 
Virginia, for a temporary union of Virginia with said Confederate States, 
under the Provisional Government adopted by said Confederate States, 
be and the same is hereby ratified and confirmed on the terms agreed 
upon by said Commissioners.’’19 


Constitution of the Provisional Government of the Confederate 
States Adopted by the Virginia Convention. 


On the same day—April 25th—on which the Convention rati- 
fied the agreement between the Commissioner of the Confederate 
States, and those on the part of Virginia, it adopted the following: 

“An ORDINANCE for the adoption of the Constitution of the Pro- 
visional Government of the Confederate States of America: 

“We, the delegates of the people of Virginia, in convention assembled, 
solemnly impressed with the perils which surround the Commonwealth, 
and appealing to the searcher of hearts for the rectitude of our inten- 
tions in assuming the grave responsibility of this act, do, by this ordi- 
nance, adopt and ratify the constitution of the provisional government 
of the Confederate States of America, ordained and established at Mont- 
gomery, Alabama, on the eighth day of February, eighteen hundred and 
sixty-one; provided, that this ordinance shall cease to have any legal 
operation or effect, if the people of this Commonwealth, upon the vote 
directed to be taken on the ordinance of secession passed by this conven-. 
tion on the seventeenth day of April, eighteen hundred and _ sixty-one, 
shall reject the same.’’29 

Two hundred copies of this Document were ordered printed for 


the use of the members of the Convention.*! 


Capture..of Government Property—The Organization of a Pro- 
wmisional Army. 


On the same day on which the Ordinance of Secession was 
adopted the State Government took steps to possess the Government 
property within its jurisdiction. The first movement. was against 
Harper’s Merry. This was begun in compliance with the follow- 


ing telegram: ‘ 
“General Headquarters, 
Adjutant General’s Office, April 17, 1861. 
Brigadier General James H. Carson, 16th Brigade, 
Frederick County, Virginia. 
Sir,—You will issue instant orders to the volunteer force of your bri- 
gade, to hold itself in readiness for service at a moment’s warning, and 


19. See Ordinances of the Convention—--p. 4. 
20. See Ordinances of the Virginia Convention—p. 6. 
21. See Journal of the Convention—p. 190. 


20 . How West VirGIniA Was Mann. 


support any movement that may be made by the State troops, upon the 
Arsenal and works at Harper’s Ferry. They will probably be joined by 
the volunteers of Augusta and Rockingham, &c. If necessary, you will 
assume the command of the entire force.22 

By order of the Commander-in-Chief, 

WM. H. RICHARDSON. A. G. 
The following telegram was sent from Richmond the next day: 
“General Headquarters, 
Adjutant General’s Office, April 18, 1861. 
General Thamas Haymond, Commanding 8rd Division: 

The Gevernor directs that you give orders to the volunteer corps, in 
your Division, to be ready for service at a moment’s notice, and to the 
Brigadier Generals to be prepared for service. That you take measures 
effectually to prevent the passage of the Federal or any other troops from 
the West, eastward on the Baltimore and Ohio Rail Road. 

The Brigadier Generals cf your Division are Buckner Fairfax, of 
Preston County, 10th Brigade: James H. Carson, Frederick County, the 
16th; James Boggs, Pendleton County, 18th; C. B. Conrad, Gilmer County, 
- 20th; John J. Jackson, Wood County, 28d; and Bushrod W. Price, Mar- 
shall County, 24th: and to them, your orders should be addressed, 
premptly.23 

By Command. : WM. H. RICHARDSON, A. G.” 


April 19th—Major-General Kenton Harper, commanding at Har- 
per’s Ferry, telegraphed Adjutant-General William H. Richardson, 
saying: ‘‘I am forwarding to Winchester, with all dispatch possi- 
ble, the arms and machinery at this place, retaining only such of 
the arms which are complete, and rescued from the burning, as 
are thought necessary to equip the troops, imperfectly armed, as 
they come in.’”’?’ * * * There are now about thirteen hundred 
men here, and I expect reinforcements to the number of five hun- 
dred in a few hours, and I have information of about a thousand 
now on the way.’”24 

April 21st—Flag Officer French Forest, took possession of the 
Norfolk and Gosport Navy Yards, together with vessels, steam en- 
gines, machinery, tools, supplies, and other property valued at 
$2,497,130.92; together with the old and new custom houses at 
Norfolk, valued at $207,000.00.% 

The same day on which the movement was. made against Har- 
per’s Ferry,—April 17th—the Convention provided for a State 
Military force. This was done by the adoption of ‘‘An Ordinance 
to call the volunteers into the service of the State and for other 
purposes.’’ This was as follows: 


“Be it ordained, That the governor of the commonwealth be and he 
is hereby authorized and required to call into the service of the State 
as many volunteers as may be necessary to repel invasion, and protect 
the citizens of the State in the present emergency, which volunteers he 


22. See Documents of the Convention—No. 35 p. 83. 
23. See Documerts of the Cenvention—No. 35, p. 85. 
24. See Documents of the Convention, No. 35, p. 79. 

25. See Documents of the Convention, No. 35, pp. 15-47. 


THe ACTION OF VIRGINIA. 21 


will receive in companies, and organize into regiments, brigades and divi- 
sions, according to the force required; and the governor shall appoint 
and commission the general, field and staff officers, of said volunteers, 
and proceed to have them organized and instructed; and that he shall 
immediately invite all efficient and worthy Virginians and residents of 
Virginia in the army and navy of the United States to retire therefrom, 
and to enter the service of Virginia, assigning to them such rank as 
will not reverse the relative rank held by them in the United States 
Service, and will at least be equivalent thereto. 

“Od. Be it further ordained, That the governor shall repel invasion, 
and see that in all things the commonwealth take no detriment; and 
shall exercise for this purpose the powers conferred upon him by the 
constitution and laws of the state. 

“8d. Be it further ordained, That to enable him to carry out the reso- 
lution aforesaid, the sum of one hundred thousand dollars be and the 
same is hereby appropriated out of any money in the treasury not. other- 
wise appropriated.26 


On the 19th of April, the office of Major-General of the Military 
and Naval forces of the State was created. Three days later Gov- 
ernor Letcher nominated Robert E. Lee for this office which was 
promptly confirmed by the Convention.” April 27th an Ordi- 
nance providing for Enlistment in the Provisional Army was 
adopted. It provided that all free, able-bodied, effective men, be- 
tween the ages of eighteen and forty-five might be enlisted, and 
the enlistment should be binding on minors, provided they be al- 
lowed four days to reconsider and retract their enlistment.” 

On the 29th of April, five Congressmen were elected to represent 
Virginia, in the Provisional Congress of the Confederate States, 
about to assemble at Montgomery, Alabama. These were Hon. R. 
M. T. Hunter, of Essex county; William C. Rives, of Albemarle 
county ; Hon. John W. Brockenbrough, of Rockbridge county ; Wal- 
ter R. Staples, of omy county; and Judge Gideon D. Cam- 
den, of Harrison county.” 

By another Ordinance adopted April 30th, the term of service of 
all volunteers called into service under the Ordinance of the 17th 
of April, 1861, was twelve months, unless sooner discharged. 


All Citizens of Virginia Absolved from Their Allegiance to the 
United States. 


On the first day of May, 1861, the Convention adopted its forty- 


first Ordinance which was as follows: 


“An ORDINANCE to release the Officers, civil and military, and the 
citizens generally of the State of Virginia, from all obligations to sup- 





26. See Ordinances of the Cenvention—p. 

27. See Journal of the Convention—trp. 135, 186. 

78. See Ordinances of the Conventicn—p. 11. ; 

29. See Journal of the Convention—p. 213, 214, and Journal of the Second 
Session—pp. FI eO Leo. nih IAC aoe 

20. See Ordinances of the Conv enti on—p. 13. 


22 ' How WEst VIRGINIA Was Maps. 


port the Constitution of the late Confederacy, known as the United 
States of America. 

“Be it ordained, That all Officers, civil and military, and the people 
generally of this State, be and they are hereby released from any and all 
oaths which they may have taken to support the Constitution of the late 
Confederacy, known as the United States of America; and that said 
oaths and the said Constitution are inoperative and void, and of no 
effect, and that the eleventh section of chapter thirteen of the Code of 
Virginia of eighteen hundred and sixty, be and is hereby repealed.’’31 


On the 7th of May, copies of the Ordinance of the Convention, 
adopting the Constitution of the Provisional Government of the 
Confederate States of America; also of that of the election of Con- 
gressmen by the Convention to represent the State of Virginia in 
the Congress of the Confederate States, were read in said Con- 
gress." 

The same day, Hon. Walker Brooke, of Mississippi, announced 
to the Confederate Congress the presence of John W. Brocken- 
brough and Walter R. Staples, Delegates from Virginia; and on 
motion of Hon. Robert B. Rhett, of South Carolina, they were ad- 
mitted to seats.* 

(N. B—R. M. T. Hunter took his seat May 10th; and William 
C. Rives on May 14th ensuing. Gideon D. Camden never ap- 
peared to take his seat.) 

A Resolution adopted by the Congress of the Provisional Govern- 
ment, ratified the terms of alliance entered into on the 24th of the 
preceding April, by and between Alexander H. Stephens, the Con- 
federate Commissioner and the Commissioners of Virginia, and the 
old Commonwealth was thus formally admitted into the Confederate 
States of America May 7th, 1861.*4 | 

A BRIEF SUMMARY—The Convention having adopted an Ordi- 
nance of Secession; forbidden the election in _ the - State 
of representatives to the Federal Congress; effected an 
Alhanee, offensive and _ defensive, between Virginia and 
the Confederate States; adopted the Constitution of the 
Provisional Government of said States; elected five mem- 
bers of the Confederate States Congress, four of whom hastened to 
take their seats; released all officers from the oaths they had taken 
to support the Constitution of the United States, and absolved all 
the people of Virginia from their allegiance to the said United 

31. See Ordiuan:es of the Convention—np. 383. 
ny Le) See Journal of the Provisional Congress of the Confederate States—vVol. I, 
ape See Journal of the Provisional Congress of the Confederate States—Vol. I, 


De yO2n 
34. See Jaurnal of the Provisional Congress of the Confederate States. Vol. I, 
Dy LOS: 


; Tuer ACTION OF VIRGINIA. ae 


States; captured the property of the National Government at Har- 
per’s Ferry; took possession of the Norfolk and Gosport Navy 
Yards ,with the property connected therewith; occupied the custom- 
houses at Norfolk and Richmond; and made arrangements by which 
the State was formally admitted a member of the Confederate 
States—the whole done before the time arrived for the people to 
vote for the ratification or rejection of the Ordinance of Secession 


—the Convention adjourned until June 12th ensuing. 


NOTE—tThe Sessions of this Convention were as follows: 

Regular Session began Wednesday, February 13, 1861, and ended May 1, 1861. 

First Adjourned Session began Wednesday, June 12, 1861, and ended July 1, 1861. 

Second Adjourned Session began Wednesday, November 13, 1861, and ended 
December 6, 1861, when it adjourned Sine die. 


CHAPTER II. 





CONDITIONS IN NORTHWESTERN VIRGINIA—OPPOSITION TO SECES- 
SION—PUBLIC ' MEETINGS IN THE INDIVIDUAL COUNTIES— 
UNITED ACTION SECURED BY THE CONVENTION AT CLARKSBURG. 


A very large majority of the men of Western Virginia regarded 
Secession as ruinous; they did not believe that it was a remedy for 
the ills complained of by the men of Eastern Virginia. They 
therefore determined that if that part of the Commonwealth chose 
to cast its fortunes with the seceded States, they would endeavor 
to save the Trans-Allegheny Region to the Federal Union. Their 
position was that they would do all possible against Secession, and 
thereby keep Virginia—all of it—in the Union; but if this could 
not be done, then they would, if possible, secure a division of the 
Commonwealth. Having determined upon this course, they tas- 
tened to give expression to their views, and to act in accordance 
therewith. The first public meeting held for the purpose of giv- 
ing utterance to these sentiments, assembled at the court-house in 
Preston County, on the 12th day of November, 1860—six days after 
the Presidential election—and three days before Governor Letcher 
issued his proclamation convening the General Assembly in extra 
session. Men of all parties participated in the proceedings. The 
partisans of the two democratic candidates, who had waged a furi- 
ous warfare but one short week previously, met in honest and ear- 
nest council to give expression to their views upon the result of the 
late election, and the questions that were rapidly assuming a dan- 
gerous tendency thereunder. The supporters of the Bell and Ev- 
erett ticket joincd in the deliberations, and the few but independ- 
ent and active adherents of the successful party added their voice. 
After little delay and no discussion, so united were the men of 
all parties, that they passed a series of resolutions strongly oppos- 
ing Secession, and declaring that any attempt upon the part of the 
State to secede, would meet with the unqualified disapprobation 
of the people of the couniy.! 

A meeting was held in Harrison County, on the 24th day of No- 
.vember-—four days after South Carolina adopted an Ordinance 


MovEMENTS IN NORTHWESTERN VIRGINIA. 25 


of Secession—under circumstances similar to those in Preston 
County; and it declared that the people would first exhaust all 
constitutional remedies for redress, before they would resort to any 
violent measures; that the ballot-box was the only medium known 
to the Constitution for a redress of grievances, and to it alone 
would they appeal; that it was the duty of all citizens to uphold 
and support the lawfully constituted authorities. 

An assemblage of peovle, at the court-house of Monongalia 
County, on the 26th of November, in which the acknowledged lead- 
ers of all parties took part, resolved unanimously that the election 
of the candidates of the Republican party did not justify Seces- 
sion, and that the Union of the States was the best guarantee for 
the present and future welfare of the people. The people of Tay- 
lor County assembled at their court-house on the 3d day of De- 
-cember, ensuing, and resolved unanimously that they were op- 
posed to taking any steps looking to the dissolution of the Union 
for existing causes.1 

On the 14th of December, 1860, there was a great gathering of 
the citizens of Ohio County in the Atheneum in Wheeling; much 
enthusiasm was manifested. Hon. Andrew Wilson, Mayor of the 
city, was called to the chair, and Nathan Wilkinson was appointed 
Secretary. Hon. Sherrard Clemens, member of Congress, was the 
orator of the evening and in a speech resplendent with rhetoric and 
literary flourish, he portrayed the evils of Secession. A preamble 
expressed a strong Union sentiment and the eighth in a series of 


resolutions adopted, was as follows: 


“Resolved, That we deplore all attempts to abolish or destroy the Con- 
stitution of the United States. We do not see that our condition would 
be improved, if this were done; on the contrary, we have reasons to fear 
that whatever evils we suffer now, they will be greatly increased with 
manifold others, ‘that we know not of.’ Of the broken fragments of 
our present glorious Union, we should despair of building another in 
which we could have any confidence. Avowedly a league to be dis- 
solved at pleasure or any caprice, passion, disappointment, or supposed 
interest of stability could be expected in another Confederacy. Virginia 
ig bounded by the Ohio river and the state of Pennsylvania for upwards 
of 400 miles. A great body of her people reside near the Ohio river, 
and on the hills and valleys penetrated by the many streams and rivers 
which enter it. They have their commerce and intercourse chiefly 
with the great West; and are deeply interested in preserving the perfect 
integrity and Union of the States. We deprecate being placed in the 
position of a border frontier, and we think Virginia should hesitate long 
before she aids or abcts the disruption of the present Constitution, and 
places her people in such position.’ 

1. See Hagans ‘‘Erection and Formation of West Virginia,’—p. 37, printed 


in Vol. I, W. Va. Supreme Court Reports, 
%. See Wheeling Daily Intelligencer—Dec. 15-16, 1860. 


26 How WEstT VaR GENi Was MApDE. 


On the 21st of December, a meeting was held at Bethany, the 
seat of old Bethany College, in Brooke County, at which a num- 
ber of the members of the faculty of that institution took an active 
part. At Hartford City, Mason County, a citizens meet- 
ing resolved that the election of Abraham Lincoln in accordance 
with the express provisions of the Constitution, was not a just 
eause for the dissolution of the American Union. 

On January 1, 1861, the largest and most enthusiastic meeting 
of citizens that, up to that time, had ever assembled in Wood 
County, convened in Parkersburg, and with but one dissenting 
voice, adopted the following: 

“Resolved, That the doctrine of Secession of a State has no warrant 
in the Constitution, and that such doctrine would be fatal to the Union, 
ad all the purposes of its creation: and in the judgment of this meeting, 
Secession is revolution * * * * We are deeply impressed with the con- 
viction that our national prosperity depends on preserving the Union 
as it is; and we see nothing in the election of Abraham Lincoln to the 
Presidency of the United States—as much as we may have desired the 
election of another—as affording any just or reasonable cause for the 
abandonment of what we regard as the best Government ever yet devised 
by the wisdom and patriotism of men. That the result of calling a Con- 
vention to consider what pcsition Virginia shall assume in the revolu-. 
tionary movements of Seuth Carolina, will be the means of precipitating 
the State into a connection fatal to her credit, her prosperity and the 
happiness of her people.’’4 

On the 5th of January—two days before the meeting of the Gen- 
eral Assembly in extra session at Richmond—a Workingmen’s 
Union Meeting assembled at Wheeling; it was the largest that ever 
convened within the walls of the Atheneum, the audience being 
estimated at three thousand, nearly all of whom were men who 
seldom took any part in politics; among the resolutions adopted 
were these: 

“Resolved. That we will not be bound hv the acts of any Convention, 
no matter how called or organized, the purpose of which is to alter or 
in any manner change the relation which Virginia bears to the GdVern- 
ment of the Union.” 

“Resolved, Further, That any Convention which may be called, should 
take such acticn to amend the Constitution of Virginia as to bar repre- 
sentation in the General Assembly upon the free, white popuation of the 
State and ultimately establish the ad valorum principle of taxation as 
well for slaves as for other property.”5 

At a meeting at Sand Hill, in Marshall County, January Sth, 
at which eighty voters were present, it was resolved: 

“That we will stand by the Union and resist to the utmost of our 
ability, every and all attempts to dissolve the Union; and we further 


pledge ourselves not to vote for any man to hold office or represent us, 
unless he is in favor of the Union, and will give it his support.’’6 





See Wheeling Daily Intelligencer—Dec. 22, 1861. 
See “Wheeling Daily Intelligencer—Jan. 4, 1861. 
See Wheeling Daily Intelligencer—Jan. 7, 1861. 
See Wheeling Daily Intelligencer—Jan. 9, 1861. 





mS Md 


MoveMENTS IN NORTHWESTERN VIRGINIA. 27 


On January 7th, a large and enthusiastic meeting of citizens of 
Mason County assembled at Point Pleasant, and passed a series 
of resolutions strongly favoring the Union, and denouncing the 
policy of Secession. The foremost men of the County participated 
in the Convention.’ 

On the 19th of January ensuing—but ‘five days after the Gen- 
eral Assembly passed the bill providing for a Convention—a mass 
meeting at Clarksburg, in Harrison County, unanimously re- 


solved: 

“That we will not support any man who believes that the Convention 
to assemble at Richmond on the 12th of February, 1861, or any other 
State authority, can absolve the citizens of this State from their alle- 
giance to the General Government; and that we will support no man 
who believes that the Federal Government has not the right of self-pre- 
servation.’’8 


A large number of citizens of Ohio County assembled at West 
Liberty, January 19th, and declared’ that in view of the present 
alarming crisis of the Federal Relations of the State, it was the 
duty of each citizen of the State to stand by the Union.2 Two 
days later the people of Hancock resolved: 


“That in our several capacities as citizens of the United States, and 
of this State, we can remain loval to both, but in the event of Secession 
being forced upon us. we wil! not recognize any power claimed thereby 
to altar or impair our ficelity and allegiance to the General Government, 
but will resist all such assumed power to the past extremity.’’10 


On January 22nd, the citizens of Triadelphia, in Ohio County, 
declared by resolution that Virginia had suffered no wrongs at 
the hands of the General Government that will afford sufficient pre- 
text for open and forcible opposition to the Federal authorities, 
and that the election of Mr. Lincoln was in form prescribed by 
law, and that they would vote for no man for a seat in the State 
Convention, until he pledged himself to vote in that body against 
the Secession of Virginia. 

A large mass meeting of the people at Sistersville, in Tyler 
County, on January 24th, gave the first utterance to State division 
by resolving: 

“That in case of the fiim determination of Eastern Virginia to secede, 
that we will instruct cur delegate and nledge him to stand by the Union 
in every emergency. And that if Hastern Virginia secedesi2 we are in 

Tah Ses Cincinnati Commercial-——Jan. 8, 1861. 

8. See Wheeling Daily Intelligencer—Jan. 24, 1861. 

9. See Wheeling Daily Intelligencer—Jan. 22, 1861. 

10. See Wheeling Daily Intelligencer—Jan. 26, 1861. 

11. Sea Wheeling Daily Intelligencer—Jan. 24, 1861. 

12. RESOLUTION OF HON. JAMES BUPLEY, THE DELEGATE FROM MARSHALL COUNTY, 


IN THE RICHMOND CONVENTION, MARCH 16, 1861. . tel 
Mr. Burley who sought te know why, if Virginia seceded from the 


Union, one part of a State might not separate from the other part, 





28 | How West VIRGINIA WaAs MADE. 


favor of striking West Virginia from HEastern Virginia and forming @ 
State independent of the South. and firm to the Union.”18 


On the 26th of January, a large number of voters assembled at 
Cameron, in Marshall County, and declared that it was ‘‘their duty 
as well as interest to make their sentiments known, and they are, 
that we are unfaltering in our devotion to the Union as bequeath- 
ed our fathers; that the Union and Constitution have committed 
no wrong, but have secured most graciously and admirably in our 
mission, and continue so to do, if they are maintained.’4 — 


On January 29th, a County Convention in Ohio county, declared 
as follows: 


“In the name and on behalf of the people of Ohio County, we do sol- 
emnly declare and say “That the unity of Government which constitutes 
one people, is still dear to us. It is a pillar in the edifice of our real 
independence; the support of our tranquility at home—our peace abroad; 


of our safety, of our prosperity; of that liberty which we so _ highly 
prize.’’15 


Another meeting in that county on the same day resolved: 


“That we are loyal to the Constitution and the Union of the United 
States, but we are unalterably opposed to Secession as being a doctrine, 
in our opinion wholly unauthorized by the Constitution as In no degree 
a remedy for any of the evils of which we complain; whatever may be 
the doctrine of the Convention as to coercion.16 


On February , 1861, a meeting of the citizens of Brooke 
county resolved: 


“That of all the people of these United States, we, the people of the 
so called Pan-handle Region of Virginia, are the most to be affected by 
the Secession of this State. By it we would be put in an “inferior con- 
dition to these herein mentioned,” and subject only to taxation to sup- 
port a Government in the extreme South, in which we have no interest 
in common with the people.’717 


submitted a series of resolutions of which the following was the last; 
this, on his motion, was laid on the table, and ordered to be printed: 

“Resolved, That the right of revolution above recognized can be exercised as well 
by a portion of the citizens of a State against their State government, as it can 
be exercised by the whole people of a State against their Federal Government; and, 
when the powers of a State Government are used for purposes of unjust discrimi- 
nations against a portion of the citizens or a particular section of the State, in 
imposing upon one portion or section an undue proportion of the burdens of 
the State Governmeut, and in exempting from taxation a peculiar species of prop- 
eriy belonging, to a great extent, to ancther portion of the citizens and located 
mostly in another section of the State, thus increasing taxation upon all other 
interests in order to favor a ‘“‘peculiar interest’’; the people thus oppressed after hay- 
ing exhausted all constitutional efforts to obtain redress, would be justified in resisting 
the collection of al? revenue from them until the injustice aforesaid was removed. 
And that any change of the relation Virginia now sustains to the Federal Govern- 
rent, against the wishes of even a respectable minority of her people, would be 
such an act of injustice perpetrated uwon the rights of that minority as to justify 
them in changing their relation to the State Government by separating themselves 
from that section of the State that had thus wantonly disregarded their interests 
ard dcfied their will—particularly when the cause assigned for the change of Vir- 
ginia’s relation to the said Federal Government is the alleged insecurity in the said 
last mentioned Government of the peculiar species of property thus protected by 
the organic iaw of the State from contributing its due share to the support of the 
said State Government oy prohibiting the taxing of a large portion of said 
property, and limiting the portion subiect to taxation to a specific tax far less 
than that imposed upon every other species of property.” See Journal of the Con- 
vention—March 16, 1861. p. 704. ; 

13. Published in the Plain Dealer, and copied into the Wheeling Daily Intelli- 
gencer—TIrep. 4, 1861. 

14. See Daily Intelligencer—Jan. 29, 1861. 

15. See Daily Intelligencer—Feb. 1, 1861. 

16. See Daily Intelligencer—-Jan. 30, 1861. 

i7. See proceedings of meeting in Wellsburg Herald, copied Into Wheeling Intelli- 
gencer, Feb. 4, 1861. 





MovEMENTS IN NORTHWESTERN VIRGINIA. 29 


As stated in Chapter I, page 14, the Convention sitting at Rich- 
mond, adopted an Ordinance of Secession, April 17, 1861. We 
have seen that because of this action on the part of the Conven- 
tion, there was great rejoicing not only in Richmond, but through- 
out all Kastern Virginia. But, how different were the conditions 
in Northwestern Virginia. There anxious thousands impatiently 
awaited intelligence from the capital city on the James. But none 
eame, for at that time, there was but one line of telegraph con- 
necting the East with the West and that night—April 18th—it 
was broken at Harper’s Ferry. On the streets of Morgantown, 
Clarksburg, Weston, Parkersburg, Wheeling, Wellsburg, and 
other towns, earnest men looked each other in the face to see 
reflected back an expression of the feeling which agitated their 
own breasts. Nothing definite was known in some of the counties 
until the arrival home of delegates from Richmond. Then a thrill 
of excitement shook the country from the Alleghenies to the Ohio, 
and but.a few days sufficed to fan into flame the sectional jealous- 
les of other years. 


As previously stated, there were forty-seven members in that 
Convention representing counties in Western Virginia—now West 
Virginia. They were as follows, that is to say, from: 


Barbour County—Samuel Woods. 
Berkeley County—Allen C. Ham- 
mond and Edmund Pendleton. 
Braxton, Nicholas, Clay and Web- 
ster—Benjamin W. Byrne. 

Brooke County—Campbell Tarr. 

Cabell County—Wm. McComas. 

Doddridge. and Tyler—Chapman J. 
Stuart. 

Logan, Boone and Wyoming—James 
- Lawson. 

Marion County—Alpheus F. Hay- 
mond and Ephraim B. Hall. 

Marshall County—James Burley. 

Mason County—James H. Couch.. 

Mercer 
French. 

Monongalia County—Waitman _ T. 
Willey, and Marshall M. Dent. 

Fayette and Raleigh—Henry UL. 
Gillispie. 

Gilmer, Wirt and Calhoun—C. B. 
Conrad. 

Greenbrier County—Samuel Price. 

Hampshire County—Edward M. 
Armstrong and David Pugh. 

Hancock County—George McC. Por- 
ter. 

Hardy County—Thomas Maslin. 


County-—Napoleon ‘B. 





Harrison County—John S. Carlile 
and Benjamin Wilson. 

Jackson and Roane—Franklin P. 
Turner. 

Jefferson County—Alfred M. Bar- 
bour and Logan Osburn... 

Kanawha County—George W. Sum- 
mers and Spicer Patrick. 

Lewis County—Caleb Boggess. 

Monroe County—Allen T. Caperton 
and John Echols. 

Morgan County—Johnson Orick. 

Ohio County—Sherrard Clemens 
and Chester D. Hubbard. 

Pendleton County—Henry H. Mas- 
ters. 

Pocahontas County—Paul McNeil. 

Pleasants and Richie—Cyrus Hall. 

Preston County—Wm. G. Brown 
and James C. McGrew. 

Putnam County—James W. Hoge. 

Randolph and Tucker—John N. 
Hughes. 

Taylor County—John §S. Burdett. 

Upshur County—George W. Berlin. 

Wayne County—Burwell Spurlock 

Wetzel County—Leonard S. Hall. 

Wood County—John J. Jackson. 


30 How West VIRGINIA Was MADE. 


Of these members from what became West Virginia those voting 
against the Ordinance of Secession, were: 

Edward M. Armstrong, George W. Berlin, Caleb Boggess, Wm. 
G. Brown, John 8. Burdett, James Burley, Benjamin W. Byrne, 
John 8. Carlile, Sherrard Clemens, C. B. Conrad, James H. Couch, 
Alpheus F. Haymond, Chester D. Hubbard, John J. Jackson, Wm. 
McComas, James C. McGrew, Henry H. Masters, Logan Osburn, 
Spicer Patrick, Edmund Pendleton, George McC. Porter, Samuel’ 
Price, David Pugh, Marshall M. Dent, Ephraim B. Hall, Allen C. 
Hammond, James W. Hoge, Burwell Spurlock, Chapman J. Stu- 
art, George W. Summers, Campbell Tarr and Waitman T. Willey 
—thirty-two in all. 

Those voting for the Ordinance were: . 

Allen T. Caperton, John Echols, Napoleon B. French, James 
Lawson, Johnson Orick, Henry L. Gillispie, Cyrus Hall, Leonard 
S. Hall, John N. Hughes, Samuel Woods and Franklin P. Turner— 
eleven in all. ' 

Those not voting upon the question were Thomas Maslin, Ben- 
jamin Wilson, Alfred M. Barbour and Paul McNeil—four in all. 

Those who voted in the negative and afterward changed to the 
affirmative, were George W. Berlin and Alpheus F. Haymond. 

Those who did not vote, but afterwards signed the Ordinance of 
Secession, were Aifred M. Barbour and Paul MeNeil. 

The Western members who voted against the Ordinance hasten- 
ed to leave Richmond. John 8. Carlile departed for his home in 
Harrison County, the evening of the same day on which the vote 
was taken. The next day there was a meeting of delegates from the 
Western part of the State, in the room of Sherrard Clemens at the 
Powhatan (now Ford’s) hotel in the city, to determine upon a 
course of action. Among those present were James Burley, Sher- 
rard Clemens, Marshall M. Dent, Ephraim B. Hall, Chester D. 
Hubbard, John J. Jackson, James C. McGrew, Spicer Patrick, 
Chapman J. Stuart, George McD. Porter and Campbell Tarr. Nei- 
ther Waitman T. Willey nor William G. Brown was present, they 
not having been present when the call was made for the hurried 
gathering. General Jackson acted as chairman; and it was re- 
solved that all should leave the Convention city for their homes on 
the first. train, proceeding by way of Alexandria and Washington, 
Chester D. Hubbard and Sherrard Clemens, the latter of whom 
was still suffering from a wound received in a duel with O. Jen- 
nings Wise, proceeded to Baltimore, and thence by way of Har- 


MOVEMENTS IN NORTHWESTERN VIRGINIA. OL 


risburg and Pittsburg to Wheeling, where they arrived on the 
19th of April. Waitman T. Willey, William G. Brown, Caleb 
Boggess and others speedily reached their homes over the Balti- 
more and Ohio Railroad. <A day or two later George W. Summers, 
James H. Couch, James W. Hoge and others left Richmond for 
their homes by way of Staunton and Lewisburg; and thus the 


membership from the Western part of the State was greatly re- 
duced.!8 


tye ed Ao VIRGINIANS EXPELLED FROM THE CONVENTION—VACANCISS 
a i) 4 a 

As stated elsewhere. the State Convention at Richmond held one Regular Session 
and two Adjourned Sessions. The Kegular Session began Wednesday, February 12, 
1861, and ended July 1, 1861. The Secrnd Adjourned Session began Wednesday, 
November 12. 1861, and ended December 6, 1861. 5G 


On Thursday, June 20, 1861, Alsteus F. Haymond, one of the Delegates from 
Marion County, West Virginia, and Chairman of the Committee on Hlections and 
Trivileges. presented a ‘‘Report in Relation to Absent Members’’ in which it was 
strted that this Committee “‘had come to the following conclusions and observa- 
tions, to-wit: 

First, As to the members cf the Convention who are absent: Caleb Boggess, of 
Lewis county; Sherrad Clemens, of Ohio county; John Echols, of Monroe coun- 
ty: James W. Hoge of Putnam county: Thomas Maslin, of Hardy county; Spicer 
Patrick, of Kanawha county; Edmund Perdleton, of Berkeley county; Burwell 
Spurlock, of Wayne county; Frenklin P. Turner, of Jackson county; and Benjamin 
Wilson, of Harrison county. who have not as yet attended the Convention during its 
present session (the first adjourned session) ; some are in the field serving the State; 
some are detained on account of sickness, and others are absent from causes unknown 
to the Committee. It has not been able to ascertain that these members are absent 
from their seats by reason of disloyalty to Virginia or sympahy with her enemy. 

Secondly, As to certain other absent members:—It appearing to the satisfaction 
of the Committee that William G. Brown and James C. McGrew, of Preston county ; 
James Burley, of Marshall county; John §. Burdett ,of Taylor county; John 
S. Cariile, of Harrison county; Marshall M. Dent and Waitman T. Willey, of 
Monongalia county; Chester D. Hubbard, of Ohio county; George McC. Porter, of 
Hancock county; Chapman J. Stuart, of Doddridge county; Campbell Tarr, of 
Brooke county; and Jchn J. Jackson, of Wood county, elected members of this Con- 
vention, have been engaged in a conspiracy against the Commonwealth of Virginia, 
and are now engaged in aiding and abetting the open enemies of Virginia :—There- 
fore, RESOLVED, That the said William G. Brown, John S. Burdett, John S. Carlile, 
Marshall M. Dent, Waitman T. Willey, Chester D. Hubbard, John J. Jackson, George 
McC. Porter, Chapman J. Stuart and Campbell Tarr, be and they are hereby expelled 
from this Convention and that their seats be and are hereby declared vacant. 

Thirdly, The Committee further report that James H. Couch, of Mason county; and 
George W. Summers, of Kanawha county, have resigned their seats; that elections 
to fill their vacancies have been held, but official information has not been received 
as to who is elected. 

On motion, the Report was laid on the table, ordered printed, and the Committee in- 

structed to report the tesimony on which the Report was based. See Journal of the 
Convention. Vol. I, p. 257; and Documents No. XXVII, of the Convention. 
On June 28th, the Resolution in the above Report came up for action. A division 
of the question was demanded and ordered. The next day the name of Wil- 
liam G. Brown, of Preston county, was called and he was expelled by a vote of seven- 
ty-three yeas to eleven nays. Then James Burley and John S. Burditt were ex- 
pelled the same day the vote standing eighty-five yeas; nays one. Next came the 
name of John S. Carlile who was expelled, the vote being eighty-two yeas; nays one. 
Then the seats of Marshall M. Dent, Ephraim B. Hall, and Chester D. Hubbard were 
declared vacant, John J, Jackson was expelled at the same time, the vote sanding 
seventy-ninea yeas:and six nays. The question was then severally put on the Reso- 
lution so far as it related to James C. McGrew, George McC. Porter, Chapman J. 
Stuart and Campbell Tarr, and they were expelled. Mr. Haymond of Marion county, 
the chairman of the Committee, then moved that so much of the Resolution as re- 
lated to Waitman T. Willey be recommitted to the Committee. This was on Sat- 
urday, June 29th, and on Monday, July 1st, the Convention adjourned to meet again 
on the 13th of November ensuing. 

Tt reassembled at the time, this being the beginning of the second adjourned ses- 
sion. ~Three days later—November 16th—the Convention adopted the following 
resolution : 

“Resolved, That Waitman T. Willey be and he is hereby expelled as a member of 
this body on account of his disloyalty to the Confederate States and his adherence 
to the enemies of the same” (See Journal of the Convention, Vol. I, p. 326.) Mean- 
time, John N. Hughes, the delegate from Randolph county, had been killed in the 
Confederate army at the Battle of Rich Mountain, July 11, 1861.) 


32 How West VIRGINIA WAS MADE. 


By the 20th of April a number of the returned delegates from 
the Northwest were narrating to great gatherings of interested 
hearers their recent experiences, and urging them to prepare for 
resistance of the Secession movement at the ballot-box, on the fol- 
lowing 23rd of May. Now it was that there began a series of meet- 
ings which have no parallel in the history of our country, nor else- 
where, unless it be the citizen assemblies in the early days of the 
French Revolution; and this too, in a sparsely settled region where 
the facilities for convening were of the most primitive character. 

At an immense mass meeting in Monongalia County, April 22d, 
at which Hon. Francis H. Pierpont and. Hon. William G. Brown 


were the oratois: it was resolved that: 


The time had come when every friend of the Union should rally to 
the support of the flag of his country, and defend the same; that the 
people of Monongalia, regardless of past affiliations, hereby enter their 
solemn protest against the Secession of the State; and that they owed 
undying fidelity to the Union: and that they would cling to it despite 


November 18th, Mr. Haymond reported Document No. 34, which provided for filling 
vacancies in the membership ot the Convention. During the recess between July ist 
and November 13th, elections were held in the Confederate military camps, from the 
West Virginia counties, in which there were vacancies, and the soldiers voted for 
successors to the members who had been expelled. Six soldiers from Marion county 
voted at the Court House in Richmond and elected a successor to Ephraim B. Hall. 
: Ge the 19th of November the Convention adopted a Preamble and Resolution as 
ollows: 

“Whereas vacancies have occurred in the representation of the counties of Ohio, 
Brooke, Marshall. Marion, Monongalia, Preston, Taylor, Harrison and Wood, by the 
expulsidn of the late delegates from the said counties; and in the Randolph-Tucker 
Delegate District by the death of John N. Hughes, killed in the battle of Rich Moun- 
tain.— 

“And Whereas, These vacancies could not be filled in the mode prescribed by law, 
in consequence of the occupation of said counties by the public enemy— 

‘And Whereas, The Governor in order to provide for the exigency, issued a procla- 
mation (advisory in its character) inviting the loyal citizens of those counties to 
vote in their respective camps for delegates to fill these vacancies. Under said 
proclamation, elections were accordingly held in several camps, at which elections 
Joseph H. Pendieton was chosen. as the stccessor of Chester D. Hubbard of Ohio 
county; Joseph D. Pickett, to succeed Campbell Tarr of Brooke county; Jefferson T. 
Martin to succeed Jaines Burley of Marshall county; Stephen A. Morgan as the suc- 
cessor of Ephraim B. Halli of Marion county; Jonathan M. Heck to succeed Mar- 
shall M. Dent of Monongalia county ; Robert E. Cowan and C. J. C. Cresap to succeed 
William G. Brown and James C. McGrew, respectively, of Preston county; John A. 
Robinson to succeeed John S. Burdett of Taylor county; William P. Cooper to suc- 
ceed Jobn S. Carlile of Harrison county; Edward D. McGuire as the successor of 
John J. Jackson of Wood county; and Jacob W. Marshall to succeed John N, Hughes 
of the Randolph-Tucker Delegate District. 

_“Be it Therefore Ordained, That said elections be and the same are hereby ratified, 
and the said Joseph H. Pendleton, Joseph D. Pickett, Jefferson T. Martin, Jonathan 
M. Heek, Robert E. Cowan, C. J. C. Cresap, Stephen A. Morgan, John A. Robinson, 
William P. Cooper, Edward D. McGuire and Jacob W. Marshall, are hereby admitted 
to seats in this Convention.”’ This was adopted November 19th, by a vote of seventy- 
nine yeas to twenty nays. Al) occupied their seats:—Pendleton, Martin, Heck, 
Cowan, Cresap, Morgan, Cooper, Marshall and McGuire,—on November 20th; Robin- 
son on the 27th: and Pickett on the 4th of December, ensuing. 

On the 22d of November, the Committee on elections was instructed to inquire into 
the absence of Sherrard Clemens, a delegate from Ohio county; Benjamin Wilson 
from Harrison county; and Caleb Boggess from Lewis county; and report to the 
Convention whether such absence was due to their disloyalty to the State or Confed- 
erate States, and if so whether they should not be expelled. ; 

November 29th, the Committee submitted a report stating that its members were 
satisfied that Sherrard Clemens and Caleb Boggess were absent from the Convention 
by reason of disloyalty to the Commonwealth of Virginia and the Confederate States ; 
and should therefore be expelled from the Convention; that the Committee had no 
evidenec of the disloyalty of Benjamin Wilson nor to explain his absence. This 
on the table. December 4th, Franklin P. Turner of Jackson county, en- 
deavored to secure action on this Report, but was unable to do so. Two days later 
it was again called up but action postponed. It was the last day of the Convyen- 
tion and the matter was nevermore heard of. 


was laid 


MovEMENTS IN NORTHWESTERN VIRGINIA. 3a 


the efforts of the people of Eastern Virginia to precipitate them into 
the gulf of Secession, and consequent ruin.19 


By a great mass meeting of the citizens of Wetzel County, at 
New Martinsville, April 22d, it was resolved: 


“That Secession is. not the remedy for the troubles so unfortunately 
resting upon our country. and we believe it would be for the interest of 
Virginia to remain in the Union, believing that our rights,can be main- 
tained in the Union, but that they will certainly be endangered out of it.” 
Further, they resolved, “That the Union sentiment of this people is such 
that we pledge our votes against any act of Secession which would sever 
us as a State from the Federal Government.’ 20 


THE CONVENTION AT CLARKSBURG IN HARRISON 
COUNTY—CALL FOR UNITED ACTION. 


All had been independent action in the individual counties, but 
now they were to act together. It remained for a eall for united 
action to go out from Clarksburg—the birthplace of Stonewall 
Jackson. There, on Monday, April 22d, 1861, nearly twelve hun- 
dred citizens of Harrison County convened in compliance with a 
call issued forty-eight hours previously. The Convention was or- 
ganized by the election of John Hursey, as Chairman, and John W. 
Harris, Secretary. There were eminent speakers present, and 
great enthusiasm prevailed. Before adjournment, Hon. John S. 
Carlile, submitted the followimg preamble and resolutions which 
were adopted without a dissenting voice :7! 


PREAMBLE AND RESOLUTIONS. 


WHEREAS, The Convention now in session in this State, called by the 
Legislature. the members of which had been elected twenty months before 
said call, at a time when no such action as the assemblage of a conven- 
tion by legislative enactment was contemplated by the people, or expected 
by the members they elected in May, 1859, at which time no one antici- 
pated the troubles recently brought upon our common country by the 
extraordinary action of the State authorities of South Carolina, Georgia, 
Alabama, Mississippi, Florida, Louisiana, and Texas, has, contrary to the 
expectation of a large majority of the people of this State, adopted an 
ordinance withdrawing Virginia from the Federal Union. 

And WHERBAS, By the law calling said Convention, it is expressly de- 
clared that no such ordinance shall have force or effect, or be of binding 
obligation upon the people of this State, until the same shall be ratified 
by the voters at the polls. 

And WHEREAS, We have seen with regret that demonstrations of 
hostility, unauthorized by law, and inconsistent with the duty of law- 
abiding citizens, still owing allegiance to the Federal Government, have 
been made by a portion of the people of this State against the said 
Government, 

And WHEREAS, The Governor of this Commonwealth has, by  pro- 
clamation, undertaken to decide for the people of Virginia, that which 
they have reserved to themselves, the right to decide by their votes at 
the polls, and has called upon the volunteer soldiery of this State to re-. 
port to him and hold themselves in readiness to make war upon the 


19. See Hagan’s “Erection and Formation of the State of West Virginia.” p. 39. 

20. See Wheeling Daily Intelligencer—April 25, 1861. 

21. See J. H. Diss Debar’s ‘‘Hand-Book of West Virginia,’ pp. 13, 14, 15. Also. 
the Wheeling Daily Intelligencer of April 26, 1861. ; 


34 How West VIRGINIA Was MADE. 


Federal Government, which Government is Virginia’s Government, and 
must in law and of right continue so to be, until the people of Virginia 
shall, by their votes, and through the ballot-box, that great conservator 
of a free people’s liberties, decide otherwise. 

And WHEREAS, The peculiar situation of Northwestern Virginia, se- 
parated as it is by natura] barriers from the rest of the State, pre- 
cludes all hope of timely succor in the hour of danger from other por- 
tions of the State, and demands that we should look to and provide 
for our own safety in the fearful emergency in which we now find our- 
selves placed by the action of our State authorities, who have disregarded 
the great fundamental principle upon which our beautiful system of 
Government is based, to-wit: “That all governmental -power is derived 
from the consent of the governed,’ and have without consulting the 
veople, placed this State in hostility to the Federal Government by 
seizing upon its ships and obstructing the channel at the mouth of Hliza- 
beth river; by wresting from the Federal officers at Norfolk and Rich- 
mond the custom houses; by tearing from the Nation’s property the 
Nation’s flag, and putting in its place a bunting, the emblem of rebellion, 
and by marching upon the National Armory at Harper’s Ferry; thus 
inaugurating a war without consulting those in whose name they pro- 
fess to act. 

And WHEREAS, The exposed condition of Northwéstern Virginia re- 
quires that her people should be united in action, and harmonious 1n 
purpose—there being a perfect identity of interests in times of war as 
well as in peace—Therefore, 

Be it RESOLVED, That it be and is hereby recommended to the peo- 
ple in each and all of the counties composing Northwestern Virginia to 
appoint delegates, not less than five in number, of their wisest, best, 
and discreetest men, to meet in Convention on the 13th day of May next, 
to consult and determine upon such action as the people of Northwestern 
Virginia should take in the present fearful emergency. 

RESOLVED, That Hon. John S. Carlile, Waldo P. Goff, Hon. Charles 8S. 
Lewis, John J. Davis. Solomon S. Fleming, Lot Bowen, Dr. William Dun- 
kin, William E. Lyon, Felix Sturm and James Lynch, be and are here- 
by appointed delegates to represent this county in said Convention. 

JOHN HURSEY, President. 

JOHN W. HARRIS, Secretary. 

That evening, Mr. C. E. Ringler, editor and proprietor of the 


Western Virguua Guard, published at Clarksburg, issued an extra 
edition of his paper in which was printed an ‘‘ Address of the 
Convention to the people of Northwestern Virginia.’’ In this the 
foregoing ‘‘Preamble and Resolutions’’ were embodied. Messengers 
mounted on horse-back, bore copies of the Guard to Weston, King- 
wood and Morgantown, and to adjoining and adjacent counties. 
Other copies were distributed along the lines of railroad westward 
to ‘Wheeling and Parkersburg; eastward to Martinsburg, and 
even to the Lower Potomac. The time was’ short—but twenty 
days—the emergency great, and from Hancock County to Wayne 
and from Wood, to Berkeley, the people hastened to comply with 
the request of the Clarksburg Convention. Public meetings were 
held in counties, in cities, in towns, at churches, school-houses, and 
cross-roads, and delegates appointed to the proposed Convention 
at Wheering. Days seemed weeks, but time passed and brought 

the eventful 18th day of May, 1861. 7 


PROCEEDINGS 
OF THE FIRST CONVENTION OF 
THE PEOPLE OF NORTHWESTERN VIRGINIA AT 
WHEELING, VIRGINIA. 


FIRST DAY. 


(See Roll of Members at end of the Second Day’s Proceedings.) 


MONDAY, MAY 13, 1861. 


FORENOON PROCEEDINGS.” ‘ 


‘“The Convention of Delegates from twenty-seven Western Vir- 
ginia Counties assembled in this city, at Washington Hall, yes- 
terday at 11 o’clock. On motion of Chester D. Hubbard, Maj. 
William B. Zinn, of Preston county, was called to the chair. Hon. 
John §. Carlile, of Harrison County, conducted Mr. Zinn to the 
chair. Mr. Zinn returned thanks for the honor conferred upon 
him in appointing him temporary chairman of the Convention; 
craved the indulgence of the house, and said he would discharge 
the duties to the best of his humble abilities. (Applause.) George 


1. Hon. Granville Davidson Hall who was the stenographic reporter of the First 
and Second Conventions of the Peopie of North Western Virginia in 1861, was born 
in Harrison County, now West Virginia, September 17, 1837. He received a liberal 
education, and was early interested in literature. In 1859 he entered the employ of 
the Wheeling Intelligencer. In 1860 he was one of the Virginia State Electors on 
the Lincoln and Hamlin ticket. The following pages of this work give evidence as 
te the character of his work in reporting the Proceedings and Journals of the Con- 
ventions of 1861. He was the first clerk of the West Virginia House of Delegates, 
his term beginning June 20, 1863—the natal day of the State. In 1864, he was 
elected Secretary of State for tne term of two years, serving from March 4, 1864, 
to March 3, 1867. He declined a re-election, having with Hon. William P. Hub- 
bard, purchased a half-interest in the Intelligencer of which he was Editor-in-Chief 
fer five years. In September, 1873, he removed to Chicago, Illinois, and is now 
residing at Glencoe, that State. He is the author of several literary works—that of 
greatest historic interest being ‘“‘The Rending of Virginia,’ published in 1902. 
—V. A. lL. 

Z. It has been stated that this was a Mass Convention. This is not true. The 
members were chosen as delegates by the people of their respective counties in com- 
pliance with the “Call” sent out from Clarkshurg. In Wood county and, perhaps, 
one or two others, it was resolved that any good Union men therefrom, present at 
the Convention, should ke delegates therein. On the first day a Ccmmittee on 
Credentials was appointed, Andrew Flesher, a delegate from Jackson county, being 
Chairman thereof. At three o’clock this Committee reported duly accredited dele- 
gates from the counties of Hancock, Brooke, Ohio, Marion, Monongalia, Harrison, 
Preston, Wood, Ritchi2, Lewis, Upshur, Gilmer, Wirt, Jackson, Mason, Wetzel, 
Pleasants, Barbour, Hampshire, Rerkeley, Taylor, Tyler, Doddridge, Roane, Fred- 
erick, and Marshall—twenty-six in al]. The total vote by counties for President 
at the last election was made the basis of representation.—yV. A. L. 


36 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


R. Latham, of Taylor, was appointed temporary secretary. On the 
suggestion of General John J. Jackson,? of Wood county, Rev. 
Peter T. Laishley, a delegate from Monongalia County, offered a 
prayer. In the course of his prayer he said: 

‘‘May the Almighty grant that the stars and stripes of the flag 
of our country, ever wave over all this land, from the Atlantic to 
the Pacific, and from Maine to the Gulf of Mexico. O! may those 


who would plunge us into the horrors of civil discord be over- 
reached by the omnipotent arm of Almighty God. O! do Thou 
grant, we pray Thee, that this Convention, met here for the pur- 
pose of consulting upon the best interests of our own beloved Vir- 
ginia, may act promptly, decisively and harmoniously. May it act 
with reference to peace principles and the universal happiness of 
our citizens and the country at large.’’ 

GENERAT: JACKSON, of Wood county, then moved that any gentle- 
man who was present from any county of Northwestern Virginia, 
be received as a delegate for such county, and be invited to take a 
seat on the floor of this Convention. 

JOHN 8. Burpetr, of Taylor county, moved to amend by in- 
eluding gentlemen from the Shenandoah Valley. | 

Hon. JoHN 8. CARLILE said he trusted that it would be the 
pleasure of his friend from Wood to withdraw the proposition. 
‘*T would defer upon any and all occasions to his better judgment, 
where there was ‘a doubt upon my own mind; but, sir, I trust that 
this is to be a deliberative body; I trust that it 1s to be a body 
composed only of gentlemen who come clothed with the authority 
conferred upon them by. the people of their counties when they 
appointed them. I would not wish to prevent any gentleman 
from Northwestern Virginia, or anywhere else, from taking a seat 
on this floor, or from listening to the deliberations of this body; 
but I desire, whatever act may be performed here by this Conven- 
tion, shall be sanctioned by the authority of the people. In my 
county, at least, they selected the men to whom they entrusted the 

3. There were two delegates of the name of Jackson on the Wood county dele- 
gation. These were General John Jay Jackson, and John J. Jackson, Jr. The 
former was the father, the second the son. General Jackson was porn in Wood 
county, February 13. 1800, and educated at Clarksburg, and in Washington College, 
Pennsylvania: then became a cadet at West Point, from which he was graduated 
July 2+, 1812; eommissioned Second Lieutenant in the Regular Army and served 
at Norfolk, Virginia,’ and then in the Fourth Infantry in the Seminole War. Jn 
1823 he entered upon the profession of law, locating at Parkersburg. Because of 
his military training he was long connected with the military establishment of Vir- 
ginia; and in 1842, was commissioned Brigadier-General of the Twenty-third Bri- 
gade. He died at Parkersburg January 1, 1877. His son, John Jay Jackson, Jr., 
was born at Parkersburg, August 4, 1824. Appointed by President Lin- 
voln a Judge of the Federal District of Western Virginia in 1861; and of the 
new District of West Virginia in 1863; he continued to serve in this capacity for 


nearly forty-three years. His name will long be an honored one in the judicial 
history of the State. V. A. L. . 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. at 


high and important interests which they believed to be involved in 
the call of this Convention. I trust, therefore, the motion will be 
withdrawn, and the first thing we will do will be to provide for a 
permanent organization of this body, by the appointment of a 
Committee on Credentials, who will report to the body those gen- 
tlemen who are really the representatives of the people.’’ 

GENERAL JACKSON said he would with pleasure adopt the 
suggestion of Mr. Carlile, but he could not see the force of it, 
but thought it would he difficult to discover who the real repre- 
sentatives of the people were. ‘‘It may be that there has been a 
lot of individuals at the Court Houses who may have acted on the 
nominations of those who have been sent here. He said, on behalf 
of the delegation from Wood county, that they were prepared to 
take the responsibility of acting as delegates, though they were not 
appointed as such.’’ He had no doubt ‘‘the gentlemen had been 
sent here by a proper and responsible body, but if we are to take 
great and momentous action let us have our whole people with us. 
Let us take solemn deliberation, and reach a conclusion we will be 
able to stand by in the hour of triumph.’’ He declined to with- 
draw the proposition. 

Mr. Carui.e said, in reply: ‘‘I regret exceedingly that I am 
compelled, as the gentleman refused to withdraw the motion, to 
appeal to this body to vote it down. It is unfortunate, sir, that at 
the very threshold of our proceedings there should be a division 
of sentiment exhibited, and if I did not conceive that the adoption 
of this motion would prove fatal to every step we may hereafter 
take, I should certainly have remained quiet in my seat. I do 
not go upon presumptions. Mr. Chairman, I am here by the voice 
of the legal qualified voters of my county, greater than was given 
to me at the polls on the 6th day of last February, at the election 
for delegates to the Virginia Convention. All my colleagues are 
here by the same voice and power. No Court House cliques in 
my county sent delegates here. It is the Court House cliques that 
have thus far brought this good old State to the very brink of 
ruin; and has it now bristling with bayonets from the Chesapeake 
to the Blue Ridge, and across to the mountains of the Alleghenies. 
Sir, I look upon this body as possessing all the power it could pos- 
sess if it were a legislative body, elected under the forms of law— 
and who ever heard of a legal deliberative assembly being com- 
posed of gentlemen who may happen to be present from the vari- 
ous counties in the State in which they reside? Sir, we want a 


- 


38 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


deliberate body. We came here as the accredited representatives 
of the loyal people of Virginia, and we intend, I trust, before we . 
20 away as such, sent here by such a voice and power, to put 
our feet upon the usurpations of power that have been exercised 
in the last two weeks. I trust it will be the pleasure of the Conven- 
tion to proceed (applause) as a deliberative body, and that none 
will act in this body save and excepting those who have been sent 
here by their people. Our fellow-citizens who are here can occupy 
the rear of the hall, and they can see what is going on and give us 
the beenfit of an outside pressure, as has been done elsewhere for 
our injury and enslavement.’’ (Applause.) 

GENERAL JACKSON wished to ask a question—How are we, 
said he, to ascertain who are the accredited members of this Con- 
vention ? 

Mr. Carnie. ‘‘My answer is this—When we get a permanent 
Chairman and Secretary, we will appoint a committee who will tell 
us.’’ 

Mr. Jackson. ‘‘Until there is some authority to appoint a 
President, there can be no President. I do not know that I am 
a member here. When you go into a Convention you appoint a 
Committee on Credentials—but can they devise any plan to find 
out whether I am here by authority or not? I am a citizen of 
Northwestern Virginia, and thought my friends here would be 
glad to see me. There can be no legal means whatever to deter- 
mine by what authority a gentleman can be here. I wish to include 
all the gentlemen who are here from any counties in this part of 
the State, and also from Frederick and Berkeley counties.’’ Mr. 
Jackson referred to the precedent set by Rucker, in the Conven- 
tion that nominated Polk. 

Mr. CarRuILeE said that the illustration given by the gentleman 
was a most unfortunate one. I hope the gentleman does not de- 
sire to Ruckerize this Convention, as he will do if his proposition 
is adopted by this body. 

Mr. JACKSON said he spoke of the Rucker case as a precedent. 

Mr. CaruiLk said: ‘*We are proceeding here without any- 
thing like order. You do not know who is here. There may be 
‘a chiel amang you takin’ notes.’ I trust the same disorder will 
not be persisted in, but that the legal and parliamentary prece- 
dents, which have been resorted to in England, in this country, 
and in all countries where deliberative bodies have assembled, will 
be followed by this Convention. There are gentlemen here who 


« 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 39 


have served in the Legislature of our own State, and gentlemen 
who have been in Congress, and those who have been in the Con- 
ventions of our State, and is there one who has had any parlia- 
mentary experience that does not know that the suggestion that 
I indicated, and trusted would be acted upon by this body, is the 
precedent that has always been followed. You meet and, for the 
mere purpose of calling the body to order, pus some one in the 
chair. The next step is to elect a pewmanent presiding officer and 
secretary, whose business it is to record your proceedings, and who 
is responsible for them. The next is to appoint a Committee on 
Elections, and that committee reports to the body who are enti- 
tled to seats in it. 1 trust we shall follow this precedent here, 
and that the grave authority that always clothes every deliberate 
body will clothe this one. I may be enthusiastic—I may be ahead 
of the times, or I may be behind the.times,—but I believe, as much 
as I believe in the existence of a God, that our own salvation, and 
it may be the salvation of our whole country depends on the de- 
liberations of this body, and its action, and I want it to go abroad 
all over the land, with every sanction of our people, and with 
all the prestige that parliamentary usage can give it.”’ 

JOHN J. Jackson. Jr., of Wood, made some remarks, favor- 
ing the proposition of General Jackson. He knew counties where 
meetings had been held appointing any good Union men as dele- 
gates who might happen to be present at the Convention. Such 
had been the case in Wood county, and said the adoption of the 
suggestion of Mr. Carlile would disfranchise all the gentlemen 
from Wood. 

Mr. CARLILE said the proceedings of the meeting in Wood 
would be before the Committee on Credentials, and whoever the 
Committee appoints as delegates will be entitled to seats on the 
floor. 

Mr. Jackson made some further remarks in favor of the 
proposition, saying that he did not understand that the Conven- 
tion was here for the purpose of forming a Provisional Govern- 
ment, but for deliberation and conference. 

Mr. CARLILE again replied, urging that the deliberations of 
the Convention should be conducted in order, and in accordance 
with the usual forms and precedents of such bodies. ‘‘Have we 
merely met here,’’ he continued, ‘‘to consult and adjourn and go 
home. If this is true, I have no further interest here. The peo- 
ple whom I represent expect that we will never adjourn till their 


40 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


safety is secured beyond a doubt in the Union and under that flag 
(cheers). If we temporize now and consult and adjourn to come 
back here again, before that day arrives, you will have sworn alle- 
giance to the rattlesnake flag. That is the true condition in whick 
we are now placed.’’ Mr. Carlile continued at some length to 
speak of the urgency of instant action. 

Mr. Prerpont, [Francis H.] of Marion, made some remarks 
in a general way, and concltiided by suggesting to General Jackson 
the propriety of withdrawing his motion, to make room for another, 
a Committee on Credentials to be appointed of one from each 
county, and let the delegation report to that Committee the dele- 
gates from the counties, and when we vote upon resolutions it will 
be on the basis of the population of the counties. | 

GENERAL JACKSON said he had no sort of objection, but ac- 
cording to the proposal of the gentleman from Harrison, all those 
delegates not formally appointed would be excluded. A conven- 
tion such as that gentleman wanted would not have such an effect 
as it would to admit the mass of those who had come here as eiti- 
zens rather than as delegates. It would not look so much lke an 
upheaving of the people. 

After some further running debate Bebween Messrs. Carlile, 
Jackson and others, 

Mr. Burvett, of Taylor, said he for his part did not come 
here to talk. He came here for action. ‘‘ While we are talking the 
chains have already been forged for us, and the bayonets are 
threatening invasion. In my town of Grafton, Letcher has ordered 
his troops to rendezvous. I tell you it is no time to debate and 
evince feeling. I trust there will be no more of this, but calm, ° 
solemn, stern deliberation, and a resolve to do what is right to 
defend and protect ourselves. Let us act and go back to our 
counties. ’’ 

After some remarks by Mr. Tarr, of Brooke, Chester D. Hub- 
bard, of Ohio county, moved that a committee, composed of one 
member from earh county represented on this floor, be appoiated, 
to whom shall be referred the subject of representation; and also 
the nomination of permanent officers for the Convention, which 
motion was adopted and the committee appointed. 

Mr. SENSENY, of I*rederick, said he had come up _ through 
the dangers that environed a Union man in his part of the State, 
and he would be glad to be permitted to act as a delegate from 
that county, although not formally appointed. | 


THE PEOPLE OF NorTHWESTERN VIRGINIA IN 1861. 41 


On motion of GEORGE H. KIDD, of Preston, 


RESOLVED, That the Convention adjourn till 3 o’clock P. M., and in 
the meantime each delegation from the different counties represented 
here shall report to the President one of their number, who shall repre- 
sent them on the Committees on Representation and Permanent Organi- 
zation. 


On motion, it was ordered that each delegation from the respect- 
ive counties meet as soon as possible, to consult as to the selection 
of members of the Committees. 

The Convention adjourned to meet again at 3:00 P. M. 


AFTERNOON SESSION. 
3:00 O’Clock P. M. 


The Convention reassembled at the appointed hour, and Mr. 
-Flesher of Jackson county, Chairman of the Committee on Repre- 
sentation and Permanent Organization, submitted the report of 
that Committee partially as follows: The nomination for perma- 
nent President, Dr. John: W. Moss, of Wood County, a list of 
Vice Presidents, the names of whom the reporter was unable to 
procure; and Secretaries, Colonel Charles B. Waggener, of Mason; 
Marshall M. Dent, of Monongalia, and Gibson Lamb Cranmer,? 
of Ohio county. 

The Committee asked to be allowed further time for the con- 

sideration of the credentials of members. 

On motion, the report as far as made was adopted. 

On motion of MR. CARLILE, Messrs. Pierpont of Marion and 
McNeal [McNeeley?] of Monongalia, were appointed a committee 
to conduct the President to the chair. 

Dr. Moss, on taking the chair, said: ‘‘Permit me to express my 
grateful acknowledgments for the very distinguished honor you 
have conferred upon me in selecting me to preside over the delib- 
erations of this highly respectable body. It is hardly necessary for 
me to say that the occasion which has ealled us together is one of 
no ordinary character. 

‘“We have met for the purpose of considering the unhappy ¢on- 
dition of our country, and particularly of deliberating calmly and 
dispassionately upon the position Northwestern - Virginia should 
assume im this momentous crisis of our country’s history. 


vy 
8. This name appears as Chandler, but it is an error. The name should be 
that of Gibson Lamb Cranmer.—vV. A. L. 


42 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 
» 


‘‘Pardon me _ fer saying, gentlemen, that the destinies 
of thousands are involved in the result of your action here, 
and permit me, therefore, to express the hope that your 
deliberations will be conducted with that solemnity _ be- 
fitting the occasion, and that they will be characterized 
by that harmony and conciliation so necessary to the 
success of any movement that may be inaugurated by this Con- 
vention. I again thank you, gentlemen, for the honor you have 
conferred upon me.’’ 

On motion it was ordered that the Clergymen of this city, be re- 
quested to alternate in opening each day’s session of this Conven- 
tion, with religious exercises. 

Mr. Burperr moved the appointment of two Door-Keepers, 
and a Sergeant-at-Arms. And on motion of Mr. Pierpont, the 
Committee to Superintend the Hall, was requested to make the 
selection. 

The following gentlemen were appointed: Sergeant-at-Arms, 
James R. Ewing; Door-Keepers, A. Glemens and R. Higgins. 

Mr. Carine oifered the following resolution: 


That when this Convention adjourns to-day, it adjourn to meet on to- 
morrow, and on each succeeding day while in session, at 10 o’clock A. M. 


On motion of General Jackson, the resolution was amended by 
adding, ‘‘to adjourn at 12 o’clock M., and reassemble at 2 o’clock 
P. M.,’’ and as amended was then adopted. 

Mr. Wiuuey (of Monongalia), offered a resolution similar im 
purport to the one offered by Mr. Tarr, (of Brooke), relative to 
the appointment of a Committee on Federal Relations, and laid 
on the table previously, but no action was taken. 

GENERAL JACKSON, of Wood, obtained the floor for the pur- 
pose of defining his position which he did in a speech of such great 
length as to preclude the possibility—together with the lateness of 
the hour of the adjournment, of giving a report of it here. He 
was opposed to the Convention taking any definite or decisive ac- 
tion; thought it would be premature, and would be revolutionary 
and altogether unwise. He was in favor of the Convention pass- 
ing a series of resolutions expressive of its sense of the wrongs of 
the Northwest, and their adjourning at least until after the elec- 
tion, and urged that meanwhile the counties should be canvassed 
to defeat the Ordinance of Secession——When this had been done 
- and every peaceable method of defense exhausted he would then 
go in for a division of the State. He characterized the policy 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 43 


indicated by Mr. Carlile as calculated to place the North-West at 
once in the midst of a civil war. He believed we might, after a 
while, and by going about it in the right way, effect a peaceable 
division of the State, but he urged that the people of the interior 
counties were not ready for it yet. 

Mr. Burpetr interrupted at one point and asked—supposing 
in the mean time, while thus waiting, Letcher should throw his 
troops into this part of the State to intimidate the Union men and 
earry the election by violence and force, as they will do in the East, 
what he proposed to do in such a case. ‘‘We must meet this emer- 
gency now,’’ said Mr. Burdett. (Applause.) ‘‘Are we to wait 
till a military despotism pervades our country from one end to 
another, and freemen’s mouths are closed and you threatened with 
ropes around your necks?”’ 

After Mr. Jackson had concluded his address, Mr. Carlile re- 
plied at some length. He said that if he had supposed the delib- 
erations of this body were to be limited to the adoption of a few 
paper resolutions, he should not have endured the fatigue, and 
passed the many sleepless nights, and expended the hundreds of 
dollars he had for the furtherance of what he supposed would be 
the action of this Convention—in furtherance of the efforts that 
are necessary to maintain the liberties of a patriotic people. (Ap- 
plause. ) 

‘‘Need my friend from Wood, be informed that the day has 
gone by for plunging the people of the Northwestern part of this 
State into revolution, as he terms it. We are already in a revolu- 
tion, not by our own act, but that of the usurpers of the people’s 
power sitting in dark conclave at Richmond. I presume it was the 
mission of this body, to devise such measures as would protect us 
from the consequences, which must inevitably flow from that usur- 
pation. (Applause.) We are the only portion of this State, that 
is not now under a military despotism. The order has gone forth 
and is even at this hour being executed, by which we are to share 
the same fate that has been imposed on other portions of the 
State. The soldiers have been ordered to rendezvous at various 
points in this part of the Commonwealth. 

‘‘No people ever remained free, or ever will, that were not willing 
to spill their last drop of blood for the maintenace of their liberty. 
No people who contented themselves with paper .resolves while 
bayonets were bristling all around them, and war had been brought 
up to their very doors as rapidly as it could be, ever maintained 


44 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


their freedom in this way. Show yourselves worthy to be free; 
and while I am not a professor of religion, yet I have the confi- 
dence which a pious mother instilled into me to believe that the 
Almighty, ‘Who seems to be distrusted now, will come to our aid 
and protect us in our freedom. 

‘Sir, when has there ever been in the whole records of the past 
such an utter contempt, on the part of any despot, for the people, 
as has been exhibited here in what was once free Virginia, by the 
Richmond Convention? You determine at the polls, by a vote of. 
more than 50,000 of a majority, that no act of that Convention 
could change your relations with the Federal Government without 
first being submitted to you; and before even the Ordinance is 
passed, they place you in hostility to that Government.’’ 

He proceeded to show in answer to what General Jackson said 
about canvassing, that in many counties such a thing was not per- 
mitted, as In many counties even in the Northwest, the military 
was in the hands, and under the control of Letcher; and Union 
meetings were broken up, and Union speakers not allowed to ad- 
dress them. 

GENERAL JACKSON wished to know how Dray action would 
overcome the difficulty. 

Mr. CaruiE—‘Let this Convention show its loyalty to the 
Union, and call upon the government to furnish them with means 
of defence, and they will be furnished. (Applause.) There are 
2,000 Minnie muskets here now (Cheers); and more on the way, 
thank God. (Cheers). 

‘IT went on last Tuesday, after an absence of twelve days from 
home, without ever stopping there, to Lewis county, where they 
have been under a system of intimidation; and despite the threat 
of arms and mob, and the charge of the judge to hang me for 
treason, I addressed that people and they are represented here 
to-day, and if they are not intimidated they will give 1,000 ma- 
jority against the ratification of the ordinance of secession. 

‘“Let us act; let us repudiate these monstrous usurpations; let 
us show our loyalty to Virginia and the Union; and let us main- 
tain ourselves in the Union at every hazard. It is useless to ery 
peace when there is no peace; and I for one will repeat what was 
said by one of Virginia’s noblest sons and greatest statesmen, ‘‘Give 
me liberty or give me death!’’ (Great and continued applause.) 

The Committee on Credentials then made their supplemental 
report, showing duly accredited delegates from the counties of 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 45 


Hancock, Brooke, Ohio, Marion, Monongalia, Harrison, Preston, 
Wood, Ritchie, Lewis, Upshur, Gilmer, Wirt, Jackson, Mason, 
Wetzel, Pleasants, Barbour, Hampshire, Berkeley, Taylor, Tyler, 
Doddridge, Roane, Frederick, and Marshall; and reporting the 


following resolutions: 


“Resolved, That the President be authorized to present cards of admis- 
sion, to the floor of this Convention, to such citizens from other parts 
of the State now in attendance, as sympathize with the objects of this 
Convention, and are good and true friends of the Union. 

“Resolved, That each member of this committee present to the secre- 
taries of this Convention a fair list of the delegates now in attendance 
from the county represented by such member in this Convention. 

“Resolved, further, That the vote of the Convention upon any question 
when demanded by twenty-five members shall be taken by giving to 
such county the aggregate vote cast by such county at the last Presiden- 
tia! election; such vote to be given by the chairman of the county dele- 
gation. On all other questions the vote shall be taken per capita.” 


Mr. Tarr, of Brooke, then offered the following resolution, 
which was adopted: : 


“Resolved, That a committee of one member from each county repre- 
sented here be appointed by the President as a Committee on State and 
Federal Relations, to whom shall be referred all resolutions of this body 
looking to action by the Convention.” 


The following is the Committee appointed by the President in 
accordance with the foregoing resolution: 

Campbell Tarr, Brooke; Waitman T. Willey, Monongala; John 
S. Carlile, Harrison; General John J. Jackson, Wood; Charles 
Hooton, Preston; Daniel Lamb, Ohio; George McC. Porter, Han- 
eock; Jos. S. Machir, Mason; Daniel D. Johnson, Tyler; James 
Scott, Jackson; George W. Bier, Wetzel; R. C. Holliday, Mar- 
shall; Alexander Scott Withers,* Lewis; EH. T. Graham, Wirt; 
F. H. Pierpont, Marion; Spencer Dayton, Barbour; George S. 
Senseney, Frederick; John S. Burdett, Taylor; A. R. McQuilkin, 
Berkeley; Friend Cochran, Pleasants; Irwin C. Stump, Roane; 
S. Martin, Gilmer; C. P. Rohrbaugh, Upshur; Capt. Owen D. 
Downey, Hampshire; A. J. Foley, Doddridge.® 

Mr.. Wiuury, of Monongalia, being entitled to the floor, pro- 
ceeded to deliver a speech of great length, which for reasons already 
enumerated, we are compelled to omit. He occupied substantially 
the same grounds taken by General Jackson, and was followed by 
Campbell Tarr, of Brooke, who reviewed his positions and those 
of Jackson with a good deal of severity. He declared boldly for 
the position taken by Mr. Carlile; that the time for compromise 


4. Author of ‘Chronicles of Border Warfare,’ published at Clarksburg, 
Western Virginia, in 1831. 

5. <A. J. Foley was incorrectly credited to Ritchie. He was certainly a dele- 
gate from the county of Doddridge.—yVy. A. L. 


46 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


and talk had passed; that now nothing but decisive and prompt 
action could avert the impending dangers. This was the time to 
strike, and he knew a response to that declaration would come up 
from the entire valley of the Ohio to the Alleghenies. 

The Convention then adjourned. 


THE SECOND DAY, 
TUESDAY, MAY 14, 1861. 


FORENOON PROCEEDINGS. = 


The Convention assembled at 10 o’clock Tuesday morning, ac- 
cording to adjournment. The religious exercises of the morning 
were conducted by Rev. Wesley Smith. 

The minutes of the previous day’s proceedings were read by 
the Secretary. At the suggestion of Mr. Carlile, the county of 
Frederick was stricken from the list of counties which had ac- 
credited delegations on the floor, as enumerated by the report 
of the Committee on Credentials. It would place the gentleman 
from Frederick in an unpleasant position; and it would appear 
to the country, if he were admitted here as a fully accredited del- 
egate, without having been appointed as such by any meeting, 
that perhaps the rest of the delegations were here in the same un- 
authorized way. 

The CuHair stated that he has issued a card of admission, un- 
der the resolution of the Committee on Credentials, to the gentle- 
man from Frederick. 

Some other amendments were made to the minutes, and they 
were adopted. 

Mr. Lazer, of Monongalia, hoped the Convention and those 
outside the bar would refrain from any expressions of applause 
or disapproval, during the sittings of the Convention. 

Mr. 'WILLEY rose to a privileged question. He had _ been, it 
seemed, misunderstood in his remarks last evening defining his 
position. He had been understood to say that his view of the 
proper course of the Convention was, that it should adjourn until 
after the ensuing election, without taking any action whatever. 
He had intended to say that he differed from Mr. Carlile in the 
views that gentleman entertained in regard to the proper course 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 47 


to be pursued here. Nevertheless he wished to declare a distinct and 
unequivocal position in condemnation of the usurpation at Rich- 
mond, and lay down a platform upon which to organize the pub- 
lic sentiment for a separation of the State. He said further, that 
previous engagements would necessarily call him away from the 
Convention to-morrow, and he would have to ask to be released 
from his tt ato in the Committee on State and Federal Rela- 
tions. 

Mr. WILLEY was released with the understanding that he con- 
tinue to serve while present. 

GENERAL JACKSON moved that the Convention adjourn till 
2 o’clock, P. M., when the Committee will probably be able to re- 
port, with the understanding that if the Committee cannot report 
then this body stand adjourned till 5 o’clock P. M.. 

COLONEL WHEAT, (James §.,) of Ohio, asked the gentleman to 
withdraw his motion a few minutes till he could have an opportun- 
ity to read a few resolutions. He then read the following, which 
were afterwards referred to the Committee on State and Federal 
Affairs : 


MR. WHEAT’S RESOLUTION. 


“1. Resolved, That in our deliberate judgment the ordinance passed 
by the Convention of Virginia on the 17th day of April, 1861, commonly 
known as the ordinance of secession by which said Convention under- 
took in the name of the State of Virginia, to repeal the ratification of 
the Constitution of the United States of America, by this State, and to re- 
sume all the rights and powers granted under said Constituion, is un- 
constitutional, null and void. 

“2: Resolved, That the schedule attached to said ordinance suspending 
and prohibiting the election for members of Congress from this State, 
to the House of Representatives of the Congress of the United States, 
required by law to be held on the 4th Thursday of this month, is a mani- 
fest usurpation of power, to which we as Virginia freemen ought not, 
cannot, and will not submit. 

“3. Resolved, That the Convention of the 24th of April, 1861, between 
the Commissioners of the Confederate States and this State, and the 
ordinance of the 25th of April, 1861, approving and ratifying said Con- 
vention, in agreement by which the whole military power and military 
operations, offensive and defensive of the Commonwealth, were placed 
under the chief control and direction of the President of the Confederate 
States, upon the same principle and footing as if the Commonwealth 
were now a member of said Confederacy, and all the actings and doings 
of the executive officers of our State under and in pursuance of said 
agreement are plain and palpable violations of the Constitution 
of our State, and are utterly subversive of the rights and liberties of 
the good psople thereof. 

“4. Resolved, That it be earnestly recommended to our fellow-citizens 
of this State, at the approaching election to vindicate their rights as 
Virginia freemen by voting against said ordinance of secession, and all 
other measures of like character, so far as they may be made known 
to them. 


48 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


1 


“5. Resolved, That it be also urged upon them to vote for members. 
of Congress of the United States, in their several districts, in the exer- 
cise of the rights-secured to us by the Constitution of the United States, 
and of Virginia. 

“6. Resolved, That it be also recommended to the citizens of the sev- 
eral counties to vote at said election for such persons as may enter- 
tain the opinions in the foregoing resolutions, as members of the House 
of Delegates of our State. 

“7. Resolved, That it is the imperative duty of our citizens to main- 
tain the Constitution and the laws thereof, and all officers there-under 
acting in the lawful discharge of their respective duties. 

“8. Resolved, That in the language of George Washington in his letter 
of the 17th of September, 1787, to the President of Congress: ‘in all our 
deliberations on this subject we keep steadily in our view that which 
appears to us the greatest interest of every true American, the con- 
solidation of our Union, in which is involved our property, felicity, safety 
and perhaps our national existence.’ Therefore we will maintain and 
defend the Constitution of the United States and the laws made in pur- 
suance thereof, and all officers acting there-under in the lawful discharge 
of their respective duties.” 


These resolutions were referred to the Committee on Federal 
Relations. 

Mr. CAruitE then with a view of harmonizing and ascertain- 
ing the sentiments of the Convention, he had drawn up a resolu- 
tion which he desired to submit, and to accompany with some few 
remarks by way of explanation. He understood, he thought, one 
thing at least, that it was the unanimous determination of this 
body to consent under no circumstance, to their transfer to the 
so-called Southern Confederacy. The only diversity amongst them 
was as to the means of resistance—the means by which this deter- 
mination could be made effectual. Of course the proposition he 
should submit would come with no authoritative expression of 
opinion, but just as if emanating from any other of the body. It 
was, however, the result of many long, well-considered and well- 
matured opinions and convictions. He would add that they were 
given shape and’ form this morning, after a night spent without 
sleep. He then read the resolution as follows: 


MR. CARLILE’S RESOLUTION. 


“Resolved, That the Committee on State and Federal Relations be in- 
structed to report an ordinance declaring that the connection of the 
counties in. this State composing the Tenth and Hleventh Congressional 
Districts,.to which shall be added the county of Wayne,: with the other 
portions of the State is hereby dissolved, and that the people of the said 
counties are in full posession and exercise of all the rights of sovereignty 
which belong and appertain to a free and independent State in the 
United States and subject to the Constitution thereof; and that the said 
committee be instructed to report a constitution and form of government. 
for said State, to be called the State of New Virginia; and also that 
they report a declaration of the causes which have impelled the people 
of the said counties thus to dissolve their connection with the rest of the 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 49 


State, together with an ordinance declaring that said constitution and 
form of government shall take effect and be an act of this day when the 
consent of the Congress of the United States and of the Legislature of 
the State of Virginia is obtained, as is provided for by section 3, Article 
4 of the Constitution of the United States.” 


Mr. CaruiuE then proceeded with his explanation, when 

Mr. WHEAT called him to order. He raised the point of or- 
der that every proposition like this must be referred to the com- 
mittee without debate or further explanation. 

Mr. Caruite replied that they had adopted a _ resolution im 
the Richmond Convention by which all resolutions touching fed- 
eral relations were to be referred ‘‘without debate,’’ as the reso- 
lution said. And yet, they were engaged for weeks in the discus- 
sion of resolutions of instruction to that committee. This is a res- 
olution of instruction, and even if it were but of inquiry, the reso- 
lution adopted ‘yesterday does not prevent debate on it. There 
were very good precedents for the course he proposed. 

Mr. Wiuuey read the resolution creating the Committee on 
State and Federal Relations, and said the first business was to 
refer the resolution to that committee. 

Mr. CaRuine replied that his resolution contemplated a refer- 
ence to that very committee. The ultimate action of this body of 
course takes place after the report of that committee. 

Mr WauHeat regretted that his friend from Harrison should 
try to forestall the action of the Convention. The resolution in- 
structed the Committee to make a specific report involving ques- 
tions of great magnitude. It instructs the Committee to report 
an ordinance to establish an independent government within the 
State of Virginia. He presumed the Convention was not unpre- 
pared to meet that question but this was not the proper mode by 
which to do so. 

Mr. CaruiLeE said: ‘* With a view to conciliation and harmony, 
I am perfectly willing to put it in the shape of a resolution of in- 
quiry.”’ 

Mr. ‘WHEAT. That will do. , 

Mr. Jackson said ‘the resolution ought to be referred. He 
had intended to move an adjournment, but had given way in order 
that the gentleman (Mr. Wheat) might read his resolutions. If 
this proposition was to be entertained a moment, he would take 
his hat and leave the hall, and the delegation from Wood would 
go with him. He insisted that his mction to adjourn should be 
put. 


50 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


Mr. Carus said the motion to adjourn had been withdrawn 
and was not in order, and besides it would be the grossest injus- 
tice not to permit him to explain the motives he had in offering 
his resolution. 

GENERAL JACKSON“obijected, and insisted that his motion 
to adjourn was in order. 

The CHair said it was his opinion that no debate upon any 
proposition looking to the definite action by the Convention was in 
order until the Committee on State and Federal Relations had re- 
ported. 

Mr. Caruite. Then [ appeal from the decision of the Chair. 

GENERAL JACKSON. It is not in order. 

Mr. CaruiLteE. The question of order decided by the Chair 
is not the question before the committee. My resolution as I said 
is merely one of inquiry. I merely wish to explain. 

The CHatr. He has the right to explain the resolution to be 
submitted to the committee. 

Mr. CaruiteE: ‘‘Mr. President, it is«due to me, due to the 
correct understanding of the country, and due to the position I 
occupy before the country, that I shall be allowed to make this ex- 
planation. It is represented that a proposition looking to a sepa- 
rate State government is revolutionary in its character. I deny it. 
It is the only legal, consitutional remedy left this people if they 
do not approve the action of the Virginia Convention. 

‘*T, like the gentleman from Monongalia, desire to exhaust all the — 
legal and peaceable remedies before ever we are compelled to the 
ultuma ratio of nations. But is there, can there be, aything revo- 
lutionary in availing ourselves of the constitutional means pro- 
vided in the organic law of the land, for the very purpose of pro- 
tecting our interests? Is it possible that a gag law is in foree, 
and that thought and freedom of speech have ceased to exist in 
this once free land? Is it revolutionary or illegal to diseuss the 
propriety of availing ourselves of a constitutional right? The 
Constitution of the United States, which is also the Constitution 
for Virginia; which is the supreme law of the land; which is to be 
obeyed and respected by all, even by the Constitutions of the sev- 
eral States—which makes null and void every constitutional pro- 
vision of a State, and every legislative enactment which is in con- 
flict with that instrument—and is there a man here that needs 
to be told it that the Constitution of the United States provides ex- 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 51 
pressly and in terms plain and unmistakable for the separation of 
a State and the erection of a new State within the boundaries of 
a State out of which a new State is to be formed? If that be true, 
and no man can deny it—if there be such a provision in the Con- 
stitution of the United States, pray tell me where is there anything 
revolutionary in discussing and deliberating and exercising a priv- 
ilege thus secured to them by that instrument? I desire once for all 
to say to gentlemen, they are endeavoring to evade the issue by at- 
tempting to alarm che fears of men by stigmatizing the exercise of 
a plain and constitutional right as revolutionary. It is a peaceful, 
legal, constitutional remedy secured to us by the same instrument 
which secures freedom of speech and the right of trial by jury. 
Nor is there anything in this right inconsitent with what gentlemen 
are pleased to term their ‘allegiance’ to either the State or Fed- 
eral Government. There is no treason, as gentlemen would en- 
deavor to impress. There is no perjury in it, as they have at- 
tempted to assume. Sir, you may swear to support the Constitu- 
tion of your State and the Constitution of the United States, but. 
is it a violation of your oath to exercise a plain constitutional right 
secured to you in the very instrument and by the very instrument 
you swear to support? Therefore do I beg members of this Con- 
vention to weigh well all arguments that may be addressed to their 
fears. He who takes counsel from his fears is ill fitted for the 
emergency in which this people is now placed. (Applause.) 

‘*But it has been said that this Convention was called here alone 
for consultation. Sir, it happens to be my pride that I had the 
honor to draw up the preamble and resolutions which were adopt- 
ed by the meeting in my county and which have result- 
ed in the bringing together of this Convention. Now let us see 
what was contemplated in our assembling here. Every meeting 
held, and which has appointed delegates here, has been held in 
response to those resolutions. Those resolves, among other things, 
say that this Convention was called ‘to consult and determine upon 
such action as the people of Northwestern Virginia should take in 
the present fearful emergency.’ 

‘“That is the call, and such is your duty. It contemplated ‘ac- 
tion’ that would keep us in the Union, and would preserve to us 
and to our children and to all posterity, the liberties achieved by 
the illustrious dead. 

“Tt is said we are not prepared to take action. Sir, when will 
we be better prepared? If this action be our constitutional right, 


52 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


who will dare to say that anywhere within the limits of this Union, 
any man is authorized to resist such action? Who dare to say 
that this remedy can be exercised only by virtue of force? Sir, all 
the privileges of freemen may be attempted to be suppressed by 
bad men, and will be, if they can, and if we have not the nerve 
and courage to repel such force and sustain ourselves in our con- 
stitutional rights—And, sir, there is no more reason why action 
on the part of this Convention, looking to a separation from an- 
other portion of the State, under the Constitution and laws of the 
land, should not be taken, than there is to resist, by force, the as- 
sertion of any other constitutional right. But those who would en- 
deavor to alarm us and deter us from entertaining, and consider- 
ing, and exercising this right by terming it revolutionary, make 
the assertion with nothing on earth to sustain it, that we are not in 
a state of preparation. Sir, we will never be in a state of prepa- 
ration if we are not now. What means of defense or protection 
are we likely to have within the next six or twelve months that we 
have not to-day.’’ 

Mr. Wueat ealled Mr. Carlile to order. 

Mr. Carnie. The gentleman will reduce his objections to 
writing. 

Mr. WHEAT, after having done so: The gentleman from Har- 
rison by extending his remarks beyond what is known as an ex- 
planation is arguing the merits of the proposition contained in his 
resolution and opening the door to general debate, and denying 
all other members the right to reply to his arguments, thus fore- 
stalling the independent acticn of the Committee. 

Mr. CArLILE had understeod the Chair to say if he confined 
himself to an explanation he was in order. He had been explain- 
ing the first and most important branch of his resolution, which 
is the peaceful constitutional right of this separation, as I have 
shown by authority. Any gentleman had the same right to dis- 
cuss the question that he had. 

The CHaAir said that any general debate was out of order un- 
til the Committee on State and Federal Relations had reported, 
but the gentleman had a right to make an explanation. The 
Chair thinks though he is now out of order. 

Mr. CaruiLe. “‘I will try to confine myself to an  explana- 
tion. I desire to say that this resolution does not contemplate that 
all action shall be deferred until the country gets into a better 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 53 


state of preparation’ than now; and I desire to put the inquiry 
to the Convention, when will we be better prepared to avail our- 
selves of this constitutional right than now? After the 23d of this 
month it will not be a Constitutional right. We will have been 
transferred to the Southern Confederacy, and the Constitution of 
the United States, under the theory of those who advocate this 
doctrine of withdrawing from the Union at will, will no longer 
shield and support us; the soil upon which we stand will be no 
longer the soil of the United States; and if every member of the 
Legislature of Virgina, and every man, woman and child in the 
State were willing for our separation, the separation could not be 
made without the consent of the Montgomery government, and that 
could only be obtained by treaty, and negotiations by ministers 
on the part of the two hostile governments, as they are now, and 
as they may remain. And no treaty negotiations can ever be had 
antil the hostility ceases, and the Southern Confederacy is recog- 
nized by the Government of the United States. This is where we’’— 

Mr. Lazier, of Monongalia—It would certainly be better to 
leave the discussion of this until the report of the Committee. 

The CuHatr said he felt compelled to arrest the discussion now. 

GENERAL JACKSON claimed the floor. He insisted that his 
motion to adjourn had precedence. Mr. Carlile, he said, was out 
of order. | 

Mr. CaruiteE then appealed from the decision of the Chair, 
but subsequently, for the sake of harmony, as he said, withdrew 
the appeal, and gave way for the motion to adjourn. 

GENERAL JACKSON withdrew his motion to adjourn, and 
on his motion it was ordered that all gentlemen who had proposi- 
tions to submit to the committee on State and Federal Relations, 
be requested to hand them in, and that the committee be instructed 
to consider them. He then renewed his motion to adjourn till 2 
o’clock, and the Convention then adjourned. 


THE AFTERNOON SESSION. 


The Convention met at the appointed hour and was called to 
order. 

Mr. Lazigr said he had just returned from the room of the 
Committee on State and Federal Relations. The Committee are 
not prepared to report now, and will not be by 5 o’clock. I there- 


54 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


fore move that the convention do now adjourn to meet this even- 
ing at 7 o’clock. The motion was put and the Convention ad- 
journed. 


EVENING SESSION. 


The Convention met at 7 o’clock, and the Chairman stated the 
first business before the body would be to receive the report of the 
Committee on State and Federal Relations. 

GeorGE McC. Porter, of Flaneock, Chairman, reported on 
behalf of the committee, a series of resolutions, comprising those 
offered in the morning session by Mr. Wheat, with the addition of 
the following: 


“Resolved, That in view of the geographical, social, commercial and in- 
dustrial interests of North Western Virginia, we pronounce the policy of 
the Convention in changing the relation of the State to the Federal 
Government, and annexing us to the Confederate States, unwise and ut- 
terly ruinous and disastrous to all the material interests of our section, 
severing all our social ties and drying up all the channels of our trade . 
and prosperity. 

‘Resolved, That should the Ordinance of Secession be adopted, then we 
recommend to the several counties with us, to hold elections at the 
several precincts therein, on the 4th day of June, 1861, for delegates to 
a General Convention, to be held at Wheeling on the 11th day of June, 
1861, to devise such measures, and take such action as the safety and wel- 
fare cf Virginia may demand; each County to appoint a number of 
representatives to said Convention equal to double the number to 
which it will be entitled in the next House of Delegates; and that the 
Senators and Delegates to be elected on the 23d instant, to the next 
General Assembly of Virginia by the Counties referred to, be declared 
members of said Convention. 

“Resolved. That inasmuch as it is a conceded political axiom, that 
government is founded on the consent of the governed and is instituted 
for their good, and it cannot be denied that the course pursued by the 
ruling power in the State, is utterly subversive and destructive of our 
interests, we believe we may rightfully and successfully appeal to the 
proper authorities of Virginia, to permit us peacefully and lawfully to 
separate from the residue of the State, and form ourselves into a gov- 
ernment to give effect to the wishes, views and interests of our constit- 
uents. 

Resolved, That the public authorities be assured that the people of the 
Northwest will exert their utmost power to preserve the peace, which 
they feel satisfied they can do, until an opportunity is afforded to see 
if our present difficuities cannot receive a peaceful solution; and express 
the earnest hope that no troops of the Confederate States be introduced 
among us, as we believe it would be eminently calculated to produce civil 
war. 

“Resolved, That —-—— be appointed a Committee to prepare an 
address to the peopie of Virginia, in conformity with the foregoing reso- 
lutions, and cause the same to be published and circulated as extensively 
as possible.” 


Mr. CARLILE moved to re-commit the report with instructions, and 
after reading the resolution which he offered in the morning’s ses- 





THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 55 


sion, and submitting it as a resolution of instruction, proceeded 
to address the Convention at considerable length, in advocacy of 
the motion, and urging that the convention should take some ac- 
tion more effective than the mere adoption of paper resolutions. 
(We will, at the earliest possible moment, publish a verbatim re- 
port of the speech of Mr. Carlile—Editor. See Appendix.) 

After Mr. Caruie had eoncluded, Mr. Winuey obtained 
the floor and proceeded at great length to reply to the propositions 
and arguments of Mr. Carlile. He said the proposition of Mr. 
C. was a violation of the law, and it was treason not only against 
the Constitution of Virginia, but against the Constitution of the 
United States. He assumed all the way through that such action 
would of necessity bring on war in our midst. After he had con- 
eluded, 

On motion the Convention then adjourned to 9 o’clock to- 
morrow. | | 

After the adjournment some one proposed three cheers for New 
Virginia, which went up with a wild and almost ferocious yell. 
Three more were given for Carlile, and the spectators and dele- 
gates dispersed. 


LIST OF DELEGATES TO THE CONVENTION BY 
COUNTIES. 


Rarbour County.—EK. H. Menafee, Spencer Dayton and John H. Shuttle- 
worth. 

Berkeley Counry.—A. R. MeQuilkin, John W. Dailey, and J. E. Bowers. 

Brooke County.—Adani Kuhn, David Hervey, Campbell Tarr, Nathaniel 
Wells, J. R. Burgoine, James Archer, Jesse Edgington, R. L. Jones, 
James A. Campbell, Robert C. Nicholls, Joseph Gist, John G. Jacob, Eli 
Green, John D. Nicholls, Bazeleel Wells and Montgomery Walker. 

Doddridge County.—J. Chevront, S. 8. Kinney, J. Smith, James A. Foley, 
J. P. F. Randolph. 

Frederick County.—George S. Senseney. 

GQ:Imer County.—sS. Martin. 

Tampshire County..—Owen D. Downey, George W. Broski, Dr. B. B. 
Shaw, George W. Sheetz, George W. Rizer. 

Hancock County.—George McC. Porter, W. L. Crawford, Louis R. Smith, 
J. C. Crawford, B. J. Smith, Thomas Anderson, William B. Freeman, 
W. C. Murry. J. L. Freeman, John Gardner, Geo. Johnston, J. S .Porter, 
James Stevenson, J. S. Pomeroy, R. Breneman, Daniel Donahoo, D. S. 
Nicholson, Thayer Melvin, Ewing Turner, James H. Pugh, H. Farns- 
worth, James G. Marshall, Samuel Freeman, John Mahan, David 
Jenkins, William Hewitt, William Brown, A. Moore, D. C. Pugh, Johna- 
than Allison, John H. Atkinson, Joseph W. Allison. 

Harrison County.—John S. Carlile, Thomas L. Moore, John J. Davis, 
Solomon S. Fleming, Felix &. Sturm, James Lynch, William E. Lyon, 
Lot Bowen, Dr. Duncan, Waldo P. Goff, Benjamin F. Shuttleworth. 


56 PROCEEDINCS AND JOURNALS OF THK CONVENTIO™S OF 


Jackson County.—Andrew Flesher, David Woodruff, C. M. Rice, Geo. 
Leonard, J. F. Scott, G. L. Kennedy, J. V. Rowley. 

Lewis County.—T. M. Chalfant, Alexander Scott Withers, J. W. Hudson, 
Perry M. Hale, J. Woofter, W. L. Grant, J. Ames, J. A. J. Lightburn. 

Marion County.—R. R. Brown, J. C. Beeson, Isaac Holman, Thomas H. 
Barnes, Hiram Haymond, Harvey Merrifield, G. W. Jolliffe, John Chis- 
ler, Thomas Hough, William Beatty, James G. Beatty, Aaron Hawkins, 
Jacob Sturm, Francis 1. Pierpont, Jesse Shaw, Joshua Carter. 

Marshall County.—John H. Dickey, John Parkinson, Thomas Morris, W. 
Alexander, John Laughlin, W. T. Head, J. S. Parriott, William J. 
Purdy, H. C. Kemple, Joseph Turner, Hiram McMechen, HE. H. Cald- 
well, James Garvin, L. Gardner, H. A. Francis, Thomas Dowler, John 
R. Morrow, William Wasson, Nat Wilson, Thomas Morgan, S. Dor- 
sey, Jr., R. B. Hunter, J. W. McCarriher, J. B. Morris, R. C. Holliday, 
William Collins, W. R. Kimmons, G. W. Evans, William McFarland, 
J. Hornbrook, John Reynolds, Remembrance Swan, J. B. Hornbrook, 
James Campbell, F. Clement, J Winders, William Baird, Dr. Marsh- 
man, William Luke, J. Garvin, S. Ingram, William Phillips, Jr., A. 
Francis, Thomas Wilson, Lot Enix, G. Hubbs, John Wilson, John 
Ritchie, J. W. Bonar, J. Alley, S. B. Stidger, Asa Browning, Samuel 
Wilson, J. McCondell, A. Bonar. D. Price, G. W. Evans, D. Roberts, 
George Hubbs, Thomas Dowler, R. Alexander, E. Conner, Charles 
Snediker, John Winters. Nathan Fish, V. P. Gorby, Alfred Gaines, J. 
S. Riggs, Alexander Kemple, Joseph McCombs, W. Alexander. 

Mason County.—Joseph S. Machir, Lemuel Harpold, William E. Wetzel, 
John Godley, Wyatt Willis, William Wiley Harper, William MHarpold, 
Daniel Polsley, Samuel Davies, J. N. Jones, Samuel Yeager, R. C. M. 
Lovell, Barney J. Rollins, David C. Sayre, Charles H. Bumgardner, 
John O. Butler, Timothy Russell, John Hall, A. A. Rogers, William 
Hopkins, Eugene B. Davis, David Rossin, Asa Brigham, Charles B. 
Waggener, John M. Phelps, Stephen Comstock, W. C. Starr, John 
Greer, Apollo Stevens, Major Brown, John J. Weaver. 

Monongalia County.—Waitman T. Willey, James Evans, Leroy Kramer, 
William A. Hanaway, William Lazier, Elisha Coombs, George Mc- 
Neeley, Henry Dering, Dr. H. N. Mackey, Evans D. Fogle, James T. M. 
Lasky, James T. Hess, Charles H. Burgess, John Bly, William Price, 
Dr. A. Brown, Dr. J. V. Boughner, D. P. Fitch, E. B. Taggart, Alpheus 
Garrison, Dr. John McCarl, J. A. Wiley, Joseph Snyder, Joel Bowlsby, 
Amos §. Bowlsby, A. Derrant, N. C. Vandervort, Daniel White, Dr. 
D. B. Dorsey, Jacob Miller, Dr. Isaac Scott, Marshall M. Dent, Rev. 
Peter T. Laishley, Edward P. St. Clair, William B. Shaw, P. L. Rice, 
Joseph Jolliffe, William Anderson. 

Ohio County.—John Alman, L. S. Delaplain, J. R. Stifel, Gibson Lamb 
Cranmer, Alfred Caldwell, John McLure, Jr., Andrew Wilson, George 
Forbes, A. J. Woods, Thomas H. Logan, James S. Wheat, George W. 
Norton, N. H. Garrison. E. Buchanan, John Pierson, P. Witham, Perry 
Whitten, E. McCaslin, A. B. Caldwell, John R. Hubbard, A. F. Ross, 
William B. Curtis, John Steiner, Daniel Lamb, Chester D. Hubbard, 
H. Armstrong, S. H. Woodward, James W. Paxton, A. A. Handlan, 
Stephen Waterhouse, J. Hornbrook, L. D. Waitt, John kK. Botsford, 
George Bowers. Robert Crangle, J. M. Bickel, James Paull, John C. 
Hoffman, Jacob Berger, A. Bedillion, Sr., George Tingle, Samuel Mc- 
Culloch, J. C. Orr. 

Pleasants County.—Friend Cochran, Robert Parker, R. A. Cramer, James 
‘W. Williamson. 

Preston County.—Harrison Hagans, R. C. Crooks, W. H. King, James W. 
Brown, Charles Hooton, Summers McCrum, William B. Zinn, W. T. 
Brown, Reuben Morris, D. A. Litzinger, John Howard, G. H. Kidd, 
James A. Brown, William P. Fortney. 

Ritchie County.—Noah Rexroad, D. Rexroad, J. P. Harris, A. S. Cole. 

Roane County.— Irwin C. Stump. 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN. 1861. aT 


Taylor County.—J. Means, J. M. Wilson, T. Kennedy, Thomas Cather, 
John S. Burdett, J. J. Allen, B. Bailey, George R. Latham, T. T. Monroe, 
J. J. Warren. } 

Tyler County.—Daniel D. Johnson, Daniel Sweeny, V. Smith, W. B. 
Kerr, J. C. Parker, James M. Smith, J. H. Johnston, Isaac Davis, S. H. 
Hawkins, D. King, William Prichard. 

Tpshur County.—W. E. Williams, C. P. Rohrbaugh. 

Wayne County.—William W. Brumfield, C. Spurlock, F. Moore, William 
H. Copley, Walter Queen. 

Wetzel County.—_F. E. Williams, Joseph Murphy, Elijah Morgan, William 
Burrows, B. T. Bowers, J. R. Brown, J. M. Bell, Jacob Young, Reuben 
Martin, R. Reed, Sr., Richard Cook, A. McEldowney, B. Van Camp, 
John McClaskey, S. Stephens, R. W. Lauck, John Alley, Thomas Mc- 
Quown, George W. Bier, William D. Walker, R. S. Sayers. 

Wirt County.—Henry Newman, E. T. Graham, B. Ball. 

Weod County.—S. L. A. Burche, John J. Jackson, Sr., J. D. Ingram, A. 
Laughlin, Wellington Vrooman, J. C. Rathbone, G. E. Smith, D. K. 
Baylor, M. Woods, Andrew Alls, Joseph Dagg, Jr., N. W. ‘Warlow, 
Peter Riddle, John Paugh, T. E. McPherson, Thomas Leach, S. S. 
Spencer, E. Deem, N. H. Colston, A. Hinckley, Bennett Cook, George 
W. Henderson, George Loomis, J. L. Padgett, S. D. Compton, S. N. 
Peterson, G. H. Ralston, V. A. Dunbar, A. R. Dye, W. H. Baker, Wil- 
liam Johnston, Jr., Dr. Jesse Burche, S. Ogden, Sardis Cole, P. Reed, 
John McKibben, W. Athey. C. Hunter, W. P. Davis, R. H. Burke, 
George Compton, C. M. Cole, Roger Tiffins, Edward Hoit, W. B. Caswell, 
Peter Dils, W. F. Henry, A. C. McKinsey, Rufus Kinnard, John J. 
Jackson; Jr., GC. J. Neal, J. G. Blackford, Henry Cole, W. E. Stevenson, 
Jesse Murdock, J. Burche, J. Morrison, A. H. Hatcher, A. Mather, 
Charles B. Smith, Arthur Drake, H. Rider, B. H. Bukey, John W. Moss, 
R. S. Smith, M. P. Amiss, T. Hunter, J. Barnett, T. S. Conley and 
J. J. Neal. 


THE THIRD DAY, 
WEDNESDAY, MAY 15, 1861. 


FORENOON PROCEEDINGS. 


The Convention assembled and was called to order at nine 
o’clock. The opening prayer was made by Rey. R. V. Dodge. 

Mr. Fuesuer, of Jackson, rose to a question of privilege. He 
read from the Wheeling Union the proceedings of a public meeting 
in his county, and said that the article was a libel upon the char- 
acter of the people he helped to represent. 

The Secretary then read the journal of the preceding day. 
' Mr. Winey having the floor. 

Mr. CARuILE asked leave to add to the resolution which he sub- 


mitted yesterday evening the following: 


That the said committee provide for submitting the said ordinance 
to a vote of the people in the said counties of this State at the election 
to be held on the 23d inst. 


58 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


A member also asked and obtained leave to read a series of 
resolutions. The resolutions suggested the propriety of the adop- 
tion of the present constitution and laws of the State, and recom- 
mending the holding of an election to elect delegates to a conven- 
tion to revise the Constitution and organize a separate State; that 
the convention at once organize a provisional government by elect- 
ing three persons to constitute a committee of safety, whose duty 
it will be to exercise the constitutional power of Governor and 
Council of Virginia, until a complete organization could be effect- 
ed; that the Convention is ardently attached to the Constitution 
of the United States, and the Federal Government is earnestly 
requested to establish a line of military posts along up the valley 
of the Shenandoah, from Harper’s Ferry to the Tennessee line, 
and up the Great Kanawha. 

The reading of the resolution occasioned a good deal of merri- 
ment. They were referred to the appropriate committee. 

Mr. Wiuuey then resumed his argument, and proceeded to ad- 
dress the Convention at length. He opposed the organization of a 
provisional government, and said it would be treason against the 
State Government of the United States and against the Govern- 
ment of the C. 8S. A. He urged also that it would inevitably bring 
war and ruin upon this part of the State. He remonstrated 
against such action, and asked for the mode of redress proposed in 
the resolutions of the committee. He would never lend himself to 
an insurrectionary or unconstitutional means of accomplishing an 
object which he thought could be accomplished according to law. 

Mr. Potsury, of Mason, addressed the Convention at some 
length, in favor of a separation. He was not terrified by the ery 
of treason that had been raised here. If there were any treason 
in the matter they had already commited it. He referred to the 
precedent set by California in her organization. We had the 
right to establish a provisional government here for the entire 
State. 

Mr. CaArILE was willing to take the position the gentleman 
had indicated, if it should be the pleasure of the Convention to 
recommend the report. 

JOHN J. JACKSON, JR., moved that the Convention go into secret 
session. 

Mr. PierPpont hoped it would not be done. | 

Mr. Lazrer wished to add to the motion, ‘‘that the clergymen 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 59 


of the city be permitted to remain and the ladies be allowed to 
occupy the side boxes.’’ (Laughter. ) 

Mr. CaruiLe was willing, if it were deemed advisable, to vote 
for the proposition. 

JoHN R. Huppary, of Ohio county, opposed it, and said it would 
be but imitating the Star Chamber Convention at Richmond. He 
spoke of the motion as being that of Mr. Carlile, of Harrison. 

Mr. CaARLILE disclaimed, and said he had merely expressed a 
willingness to acquiesce. 

GENERAL JACKSON trusted the motion would be withdrawn. 

Mr. Burpetr trusted it would not be withdrawn. He believed 
it necessary to fight the devil with fire, and was in favor of going 
into secret session. 

Mr Jackson withdrew the motion, and 

Mr. Pierponr obtaining the floor, proceeded to address the 
Convention in favor of the adoption of the report of the Commit- 
tee on State and Federal Relations, and in opposition to the plan 
of establishing a Provisional Government. In the course of his 
remarks he alluded to Mr. Carlile, and said that all other gentle- 
men were to be driven from the field. 

Mr. Carte protested that he had said nor done nothing, au- 
thorizing any such inference; and he said now to this Convention 
and to the people of Virginia, that he had filled the last office he 
ever would fill with his own consent. (Applause.) 

Mr. PIERPONT alse incidentally remarked in the course of 
his speech, that there would soon be any amount of men and 
money here to protect Union men in Northwestern Virginia. 

Mr. Caruire asked Mr. Pierpont to give his authority for the 
assertion ; Mr. Pierpont was about to do so, but on the suggestion 
of several gentlemen, refrained. 

Mr. Carine said he did not ask it out of any doubt as to the 
entire truthfulness of the statement. He had understood him to 
speak of it as a mere supposition. _ 

Mr. Caruite then stated that it had been charged on him, 
that he was at Washington a short time since, engaged in procuring 
arms, and that the two thousand now here had been obtained 
through him. It was not true. The arms were procured by a del- 
egation of gentlemen from Brooke County, and he himself was 
two hundred miles away from Washington at that time, where he 
had not been at all. 

Mr. Pirrponr had alluded to several manifestations on the 


60 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


part of the spectators as an outside pressure, and said that the 
spectators were endeavoring by such expressions to intimidate 
gentlemen in the Convention, when 

Mr. WEEAT arose and said, that he had lived here all his 
life, and knew well the temper of his fellow citizens of this. city. 
He was sure Mr. Pierpont did them gross injustice. He reminded 
the spectators that it was improper for them to take any part in 
the proceeding, even by any expressions of approval or disap- 
probation. 

On motion of Mr. Jackson, Jr., the Convention adjourned; Mr. 
Pierpont yielding the floor for that purpose. 


THE AFTERNOON SESSION. 


The Convention met at two o’clock. 

Mr. Wiuiery obtained leave to read a letter ade by Mr. 
J. Hughes of Martinsburg, Va., to J. B. Bowers, Esq., a member 
of the Convention. The letter gave an account of a Union meet- ° 
ing held in Berkeley county, and exhibited a very favorable view 
of the sentiment in that county. 

On motion of John J. Jackson, Jr., it was ordered to he re- 
corded in to-day’s proceedings as a part of the minutes of the 
Convention. 

Mr. Caruirg handed to the Secretary the proceedings of meet- 
ings held in Cabell and Wayne counties, appointing delegates 
to this Convention and instructing the delegates from Harrison 
to act as alternates, and asked that they be accredited as such. 

Mr. PonstEy of Mason, offered an amendment to the resolu- 
tion of instructions offered by Mr. Carlile yesterday. 

Mr. Caruive said for the purpose of evincing his desire for 
unanimity, he would accept the resolution, as an amendment to 
his propositon so that all the different views may go before the 
committee. He offered as an additional amendment the follow- 
ing: 

‘‘And that the said committee also provide in the event of the 
ratification of the Ordinance of Secession for the re-assembling of 
this Convention on the first Monday in June next, to adopt a Con- 
stitution and form of Government for the said counties, if, in their 
opinion it is premature at this time to adopt said Consulta 
and form of Government.’’ 

He had drawn this up and offered in deference to the views of 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 61 


others—not that he changed his own opinion heretofore expressed 
here in the least. 

JOHN J. JACKSON, Jr., said the Convention was and had 
been acting entirely without any laws to govern its deliberations, 
and he moved the adoption of the rules of the House of Delegates 
‘of Virginia, so far as applicable to this body. 

The motion was put, and the rules adopted. 

Mr. Pierrepont then resumed his speech. He expressed his 
regret that he should have exhibited any undue warmth in his 
remarks during the morning session; and apologized for the same. 
He was interrupted by a motion to refer all the pending proposi- 
tions before the Convention back to the Committee on State and 
Federal Relations. 

Mr. CaruiLE moved to adjourn till tomorrow, in order to give 
the committee time for deliberation, but withdrew hig motion 
to allow Mr. Latham to read a series of resolutions which he offer- 
ed as a kind of middle ground for the consideration of the com- 
mittee. The resolutions were referred to the Committee on Fed- 
eral Relations. 

Mr. LATHAM wished then to read a_ declaratory resolution, 
for the immediate action of the Convention, but was ruled out of 
order. 

On motion of Joun J. -FAcKSON, Jr., the Convention then ad- 
- journed till 5 o’clock P. M. 


THE EVENING SESSION. 


Convention met at 5 o’clock. 

The Cuair stated that the first business before the Convention 
was the report of the Committee on State and Federal Relations. 

The Committee not being ready to report, a call was made for 
Mr. Latham, of Taylor county, who addressed the Convention. 
He was followed in a brief address by Mr. Holliday, of Marshall. 

JOHN J. JACKSON, JR., stated that the Committee would be ready 
to report at seven o’clock. He stated that he had received a tele- 
graphic despatch a few moments ago from his own town, inform- 
ing him that a letter had been written to him giving the details, 
which he thought he would receive by eleven o’clock to-night; and 
after the receipt of that letter he thought the committee might 
see the propriety of waiting a day or two longer before taking 
action. He read the despatch, which said: ‘‘The dogs of war are 
about: look out for State troops. I will write by mail.’’ 


62 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


‘‘T know,’’ continued Mr. Jackson, ‘‘how utterly unable gentle- 
men who reside here on this little strip of territory, lying between 
these two great States of Pennsylvania and Ohio, are of appre- 
ciating the situation of the people of the interior counties. Ever 
since the assembling cf this Convention, I have been endeavoring to 
impress upon this body the conviction on my mind, that within 
less than a brief time to elapse between now and the 23d of this 
month, more of the Northwest not now so occupied, would be visit- 
ed by Southern troops. The Baltimore Sun intimated that Vir- 
ginia intended sending out here 5,000 troops within the next three 
days, but had been advised by an officer of the Confederate Govy- 
ernment not to do so.’’ He had thought, perhaps, he was the 
only crazy man in this body, and all the rest were sane, but he 
thought that when the Convention would see as he believed it 
would, within 24 hours the necessity for immediate action, he had 
been endeavoring to impress upon the Convention, they would 
come to the conclusion not to adjourn tonight, and he moved to 
adjourn till tomorrow at the usual hour. Motion rejected. 

JOHN J. JACKSON, Jr., said he wasn’t afraid of Letcher’s - 
‘‘dogs of war.’’ Let them come and we will give them a warm re- 
ception. He moved to adjourn to 7 o’clock. The motion carried 
and the Convention adjourned. 


THE NIGHT SESSION. 


The Convention met at 7 o’clock. 

On motion, the Journals of the day’s proceedings were ordered 
to be read. 

Mr. Burpetr stated that he reeeived a_ letter, saying that 
although the counties of Randolph and Jackson® were not repre- 
sented here, they sympathized with the movement and these coun- 
ties would endorse whatever the Convention may do. 

Mr. Tarr then presented the report of the Committee on Fed- 
eral Relations, which was read by the Secretary, as follows: 


Report of the Committee on State and Federal Relations. 


1. Resolved, That in our deliberate judgment the ordinance passed by 
the Convention of Virginia, on the 17th day of April, 1861, known as the 
ordinance of secession, by which said Convention, undertook in the name 


6. This is an error. A delegation from Jackson county was there on the 
floor of the Convention. Jefferson county may have been mentioned in- 
stead.—V. A. L. 


- THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 63 


of the State of Virginia, to repeal the ratification of the Constitution of 
the United States by this State, and to resume all the rights and powers 
granted under said Constitution, is unconstitutional, null and void. 

£. Resolved, That the schedule attached to the ordinance of secession 
Suspending and prohibiting the election for members of Congress from 
this State, is a manifest usurpation of power to which we ought not to 
submit. 

3. Resolved, That the agreement ofethe 24th of April, 1861, between 
the Commissioner of the Confederate States and this State, and the 
ordinance of the 25th of April, 1861, approving and ratifving said agree- 
ment by which the whole military force and military operaticns offensive 
and defensive, of this Commonwealth are placed under the chief control 
and direction of the Presidert of the Confederate States. upon the 
same principles, basis and fcoting as if the Commonwealth were now a 
member of said Confederacy, and all the acts of the executive officers 
of our State in pursuance of said agreement and ordinance are plain 
and palpable violations of the Constitution of the United States, and are 
utterly subversive of the rights and liberties of the people of Virginia. 

4. Resolved. That we earnestly urge and entreat the citizens of the 
State everywhere, but more especially in the Western section, to be 
rrompt at the polls on the 23d inst.; and to impress upon every voter 
the duty of voting in condemnation of the Ordinance of Secession, in 
the hope that we may not be involved in the ruin to be occasioned by 
its adoption, and with the view to demonstrate the position of the West 
on the question of secession. 

5. Resolved. That we earnestly recommend to the citizens of Western 
Virginia to vote for memhers of the Congress of the United States, in 
their several districts, in the exercise of the right secured to us by the 
Constitutions of the United States and the State of Virginia. 

6. Reésolved, That we also recommend to the citizens of the several 
counties to vote at said election for such persons as entertain the opin- 
ions expressed in the foregoing resolutions, for members of the Senate 
and the House of Delegates of our State. 

7. Resolved, That in view of the Geographical, social, commercial and 
industrial interests of Northwestern Virginia, this Convention are con- 
strained in giving expression to the opinion of their constituents to de- 
clare that the Virginia Convention in assuming to change the relation of 
the State of Virginia to the Federal Government, have not only acted 
-unwisely and unconstitutionally, but have adopted a policy utterly ruin- 
ous to all the material interests of our section, severing all our social 
ties, and drying up all the channels of our trade and prosperity. 

8. Resolved, That in the event of the Ordinance of Secession being 
ratified by a vote, we recommend to the people of the Counties here 
represented, and all others, disposed to co-operate with us, to appoint 
on the 4th day of June, 1861, delegates to a General Convention, to 
meet on the 11th of that month, at such place as may be designated by 
the Committee hereinafter provided, to devise such measures and take 
such action as the safety and welfare of the people they represent may 
demand,—each County to appoint a number of Representatives to said 
Convention equal to double the number to which it will be entitled in 
the next House of Delegates: and the Senators and Delegates to be 
elected on the 23rd inst., by the counties referred to, to the next General 
Assembly of Virginia, and who concur in the views of this Convention, 
_*0 be entitled to seats in the said Convention as members thereof. 

%. Resolved. That inasmuch as it is a conceded political axiom, that 
government is founded on the consent of the governed and is instituted 
fer their good, and it cannot be denied that the course pursued by the 
ruling power in the State, is utterly subversive and destructive of our 
interests, we believe we may rightfully and successfully appeal to the 
proper authorities of Virginia, to permit us peacefully and lawfully to 
separate from the residue of the State, and form ourselves into a govern- 


64 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


ment to give effect to the wishes, views and interests of our constituents. 

10. Resolved, That the public authorities be assured that the people 
of the North West will exeft their utmost power to preserve the peace, 
which they feel satisfied they can do, until an opportunity is afforded 
to see if our present difficulties cannot receive a peaceful solution; and 
we express the earnest hope that no troops of the Confederate States be 
introduced among us, as we aad it would be eminently calculated to 
produce civil war 

j1. Resolved, That in the havedaes of Washington in his letter of the 
1°th of September, 1787, to the President of Congress; “in all our de 
liberations on this subject we have kept steadily in view that which ap- 
pears to us the greatest interest of every true American, the consolidation 
of our Union, in which is involved our prosperity, felicity, safety, and 
perhaps our national existence.” And therefore we will maintain and de- 
fend the Constitution of the lnited States and the laws made in pur- 
suanc2 thereof, and all officers acting there-under in the lawful discharge 
of their respective duties.7 

12. Resolved, That Join S. Carlile, James S.Wheat, Chester D. Hubbard, 
Francis H. Pierpont, ate Se Tarr, George R. Latham, Andrew Wilson, 
S. H. Woodward and James W. Paxton be a Central Committee to attend 
to all the matters connected with the objects of this Convention; and 
that they have power to assemble this Convention at any time they may 
think necessary. 

13. Resolved, That the Central Committees be instructed to prepare an 
address to the people of Virginia in conformity with the foregoing reso- 
lutions and cause the same to be published and circulated as extensively 
as possible. 


Mr. Poustey suggested that instead of acting to-night on the 
report of the committee, it be laid upon the table and printed, 
in order that every member might have an opportunity to inspect 
it. 


GEN. JAcKSON objected; he wanted to go home. It was 
corn planting time. 
Mr. Caruite asked Mr. P. to withdraw his motion. He was 


satisfied that nothing more than was now incorporated in the re- 
port could be obtained from the Convention at that time, and he 
was happy to state that since the adjournment this evening a re- 
solution had been adopted by the committee which he regarded 
worth all the rest, and which would in a short time realize all their 
hopes of a New Virginia. That resolution provides for the ap- 
pointment of a committee possessing all the powers this Convention 
can exercise, so far as they can be exercised by the committee. 

The question on the adoption of the report of the Committee 
was then put, and the report was adopted with an almost unani- 
mous ‘‘aye,’’ only two dissenting voices’ being heard. 

The announcement that the motion had carried, was received 
with tremendous cheering. 


7. 'The reader will here observe that much of the report of the Committee 
on Federal Relations, was embodied in ae series of resolutions submitted by 
James S. Wheat the ‘preceding day.—V. 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 65 


A CENTRAL COMMITTER APPOINTED. 


The following gentlemen were named as a Central Com- 
mittee; viz: Hon. John S. Carlile, James S. Wheat. Chester D. 
Hubbard, Francis H. Pierpont, Campbell Tarr, George R. Lath- 
am, Andrew Wilson, 8S. H. Woodward and James W. Paxton. 

GENERAL JACKSON rose to make a few remarks, but was called to 
the stand for a speech. He responded in a warm enthusiastic ap- 
peal to the Convention to now stand by and maintain what they 
had here declared to-night. 

Mr. Lazrer offered a resolution that the thanks of this Con- 
vention be tendered to the citizens of Wheeling for the kind and 
hospitable manner in which they have entertained the members 
of this Convention, and for the use of this Hall. 

A speech from Carlile was called for and he responded and was 
followed by Mr. Willey, Pierpont and others. (We shall probably 
publish some of these speeches at an early day.—Editor of Daily 
Intelligencer, )8 

REMARKS OF MR. CARLILE. 


Having been called to the stand for a speech Mr. Carlile said: 
*““Mr. President and Fellow-Citizens : 

‘‘Unity of action and singleness of purpose, I have been taught 
to believe, will accomplish al! that it is in the power of man to ac- 
ecomplish, when wisely directed. I therefore concur most hearti- 
ly in the suggestion made by the gentleman from Wood that this 
convention should not separate without first invoking the blessing 
of Heaven upon the labors inaugurated by it, and which will grow 
day by day more arduous, in order that we may have that wisdom 
whick is so necessary to direct us through the momentous struggle 
in which we are about to engage. But if we meet it as brave men 
should; if we meet it with a determination to accomplish our pur- 
pose or die in the effort, success will as certainly crown our efforts 
as that the sun rises in the east and sets in the west. While it 
has been well remarked we have yielded each to the other for the 
purpose of harmonizing, and have thus been enabled to come to 
the conclusion at which we have arrived, we must remember that 
the same object is still in view, and the same effort is required to 
accomplish the purpose, although it may be postponed a few days 
longer than some of us desire. And it may, gentlemen, require at 


8. The speeches of Mr Carlile and Mr. Willey made at this hour, were printed 
in the Daily Jntelligeucér of Wheeling, May 20, 1861. We here insert these in the 
proper place in the proceedings of the night session on the third day—the time 
at which they were uttered.—V. A. L. 


66 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


our hands more arduous efforts than it would if we had earlier en- 
tered upon it. Be that as it may, let us go home with a determi- 
nation to succeed, and let us inspire the same determination into 
the breast of every citizen in each and every county here repre- 
sented, and all other counties in which we may chance to be be- 
tween this and the hour of trial. 

I feel that upon us of Northwestern Virginia, and upon our 
efforts, depend to a very great extent, the restoration of harmony 
to the whole of our beloved land, and the preservation and _ per- 
petuity of those free institutions under which we have been born 
and reared. This is a government to love; and I cannot for a mo- 
ment contemplate its destruction without feeling as I never deem- 
ed myself capable of feeling in contemplating any subject. short 
of utter annihilation. When I left the Virginia Convention, on the 
evening on which the Ordinance of Secession passed, and walked 
solitary and alone to my lodgings, and felt that a home and coun- 
try remained not to me, I felt as sad at heart as I could have felt 
had I just returned from the burial ground, having deposited in 
their last resting place my wife and children. Entertaining these 
sentiments, placing this estimate upon this government, I have 
resolved to do all that I can, in any and every position, to pre- 
serve it, and aid and co-operate with my fellow-citizens in its pres- 
ervation. And I believe that preservation is to be secured by 
and through the agency of this portion of Virginia; by and 
through the erection of a new State; by and through, it may be, 
scenes of blood, accomplished by deeds of daring, but deeds that 
will result to effect its accomplishment. Let each and all deter- 
mine for himself, and get his neighbors to determine with him. 
Be the means to be used what they may, come life or come death, 
it shall be accomplished. (Applause.) I have not voice to say 
more. I speak with much difficulty, I return to you my sincere 
thanks for the kindness received at the hands of each and every 
member of this Convention; and I assure you I justly appreciate 
the compliment shown me by calling me to the stand. The associ- 
ations I have formed here, will always be remembered by me as 
among the most pleasing reminiscences of my life.’’? (Applause.) 


SPEECH OF HON. WAITMAN T. WILLEY. 


Mr: Willey being loudly called for, came forward and said: 
Mr. President and Fellow Citizens: 
‘Whilst I appreciate with sentiments of heartfelt gratitude the 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 67 


compliment you pay me in calling me out at this period, in the de- 
liberations of our Convention, I am sure you would be disposed 
to excuse me if you were aware of the pain and suffering under 
which I am constantly laboring. Ever since yesterday morning 
at seven o’clock, when I was attacked, I assure you most sincerely 
that I have been in the most excruciating torture. Last night I 
slept scarcely one moment; and nothing but the heartfelt and 
deep, and absorbing interest that I have felt in the deliberations 
of this body that has kept me on this floor until this time. But I 
tell you, fellow-citizens, I have felt during all this struggle, from 
the time it began in the Virginia Convention until now, something 
of the spirit of the noble Roman youth, who, cap a pie, mounted, 
armed and equipped for the sacrifice, voluntarily rushed into the 
opening chasm of the forum, a voluntary victim to appease the 
gods of strife that were bringing desolation on his country. And 
I assure you to-night, if by laying down my humble life on the 
altar of my country I could bring back peace and harmony, and 
re-organize and restore the glorious Union which our fathers form- 
ed for us, I would willingly as I ever sat down to partake of the 
_dainties of life, render that sacrifice this day, and this hour. (Ap- 
plause. ) : 

‘* And, fellow-citizens, much as some of you have misapprehend- 
ed my soundness on this question, in this good city of yours, feeble 
as I am in health, with a constitution broken by the anxiety of the 
struggle of the last two-and-a-half months for the perpetuity of 
that very Union, for a want of fidelity to which I am suspected 
at this time, I am ready when the hour comes—I am ready when 
the Constitution has been exhausted—I am ready when it has been 
ascertained that the great legitimate agency of republican liberty 
is not sufficient to bring about the revolution that is to secure to 
us our just rights at the ballot box—when the law fails—when 
the Constitution fails in securing these rights, I am ready to 
stand among the foremost of those who have been here to-day 
to suspect me. It is not because I do not love the Union that 
I have taken the conservative position on this occasion; it is not 
because I do not love my fellow citizens of Wheeling; not because 
I am faithfui and true to the common principles to which you are 
engaged; it is not because I love Cesar less, but because I love 
Rome more. (Applause.) 

“‘T have very little of this world’s goods; but I have heritage 
enough—about the 27,000,000th part of the prestige and glory of 


68 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


him who can look upon the stripes and stars, and eall it his coun- 
try’s flag, (cheers), and who, with that infinitesimal particle of 
glory, is richer by far than he who, with the richest heritage that 
ever fell to the lot of man, did not have the name and prestige of 
an American citizen. (Applause.) J do not intend to surrender 
it until J am compelled—until I am subdued, heart, soul, fortune, 
and body. (Cheers.) © 

‘‘T do not despair of the Republic, either. If we could have two 
weeks longer until the election, I verily believe, the disheartening 
anticipation of my friend from Harrison to the contrary notwith- 
standing, to use a vulgar, but expressive phrase, which may be 
well applied to this ordinance of secession, we would ‘‘knock it 
into a cocked hat.’’ (Laughter.) Why, sir, I am eredibly in- 
formed that these soldiers, of whom we have heard so much, and 
from whom we anticipate so much danger, and who are said to be 
quartered and posted all over the State.for the purpose of public 
intimidation, have pledged their lives that their own blood shall 
crimson the streets, but they will cast their votes on the 23rd of 
this month, against the ordinance of secession. (Applause.) I am 
informed of one company consisting of 90 men of whom 80 are 
pledged to vote against the ordinance. You heard a voice to-day 
from old Berkeley. God bless her! (Applause.) And He will bless 
her, and all who think like her. God has blessed this country. 
God has blessed all the men who have loved this Union. His hand 
has been manifested in all our history. He stood by Washington, 
its great Founder and Defender. He stood by our forefathers in 
the establishment of this Government, and by working out our 
glorious destiny thus far in the space of less than three quarters 
of a century. God has made the American people the greatest on 
the earth; and I firmly believe in the hidden councils of His mys- 
terious providence, there is a glorious destiny awaiting an united 
American people still. (Applause.) I take confidence in the 
cause as I look at the stripes and stars, and I remember the cir- 
cumstances that gave rise to the beautiful motto that is as appli- 
cable to us to-day as when in the moment of inspiration it was 
penned : 


‘‘Triumph we must, for our cause it is just, 
And this be our motto, in God is our trust.’’ 
(Great applause.) I was just trying to catch from my memory a 


couplet from a poem which I read the other day in regard to the 


hd 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 69 


banner of our country. I think I ean recall it in the sentiment 
if not in the language: 


‘‘Horever float that standard sheet; 

Where breathes the foe but falls before us, 
With freedom’s soil beneath our feet 

And freedoin’s banner streaming o’er us.’’ 


Mr. W. pronounced these lines with great vehemence, and when 
he had ended there arose one universal, loud and thrilling cheer. 

**Fellow-citizens, it aln.ost cures one’s back-ache to hear you ap- 
plaud the sentiment. (Laughter and applause.) But then the 
time for speaking is done. Let me exhort you never to forget 
the counsels my much esteemed friend, General Jackson of Wood, 
delivered to us to-night. Never forget to act upon them. I think 
I see yet sparkling in the old hero’s eye something of the ardor 
which he thought it not prudent to express, yet that even he was 
ready at his country’s call tou lead his sons and the sons of his 
countrymen whenever it may be necessary—whenever our liberties 
cannot be secured to us otherwise—to lead us into the battle field; 
—not to be carried to the polls to whisper his vote against this 
Ordinance of Secession, but to fall upon the field of battle, to 
wrap himself in his country’s flag and pledge his gratitude to 
God that he was deemed worthy at last to end an honored life by 
falling in defense of his country. (Applause.) We have worthy 
sires, my young friends. Let us be sons worthy of those sires. 
Those sires were law-abiding, constitution-making, constitution- 
keeping men. They well knew that republican liberty, that free 
institutions could only be established upon the law, and preserved 
by keeping the law; and that is the secret of the conservative posi- 
tion we have taken in this convention. I believe God’s blessing 
will rest upon our action, and if at last, in the language of the 
Declaration of Independence, ‘we have remonstrated again and 
again, we have petitioned and adjured,’ and our prayers are all 
scoffed at and scouted—why, I think I see around me here to- 
night the men who know their duty— 

“¢“Who know their rights, 
And knowing dare maintain.’ 

‘<Mellow-citizens. the first thing we have got to fight is the Ordi- 
nance of Secession. Let us kill it on the 23d of this month. 
(Applause.) Let us bury it deep beneath the hills of Northwestern 
Virginia. Let us pile up our glorious hills on it; bury it deep so 
that it will never make its appearance among us again. (Ap- 


70 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


plause.) Let us go back home and vote, even if we are beaten upon 
the final result, for the benefit of the moral influence of that vote. 
If we give something like a decided preponderating vote of a ma- 
jority in the Northwest, that alone secures our rights. (Ap- 
plause.) That alone, at least, secures an independent State if we 
desire it. 

*“Rellow-citizens, | am trespassing upon your patience.’’( Go on! 
go on!) ‘‘I am going up to Marion county to assist my friend 
Hall, in canvassing that county.—Monongalia is a fixed fact— 
like the handle of a jug, all on one side. (Laughter.)—Not all on 
one side either; but on all sides, all over, and under, and in, and 
out, and through and everywhere. (Applause and laughter.) But 
I want to help Hall a little. Want to take Frank Pierpont along 
over there, too. They have threatened to hang him out there, and 
I am sure if he gets strung up first he will break the rope and I 
will escape. (Laughter.) 

‘“We have to go to work now. We must appeal to the people; 
appeal to their patriotism; and let us defeat the ordinance of 
secession in Northwestern Virginia at least. My advices from 
the valley are, that where, some weeks since, a Union man dare 
not hold up his head, he has come out now, and is shaking his 
fist at his adversary. They are getting bold and numerous; and 
I should not be surprised if the upper and lower valley, even 
Jefferson county, right under the shadow of—or rather casting its 
shadow upon—Harper’s Ferry, and under the influence and intim- 
idation of the soldiery there, and old Loudon,with Janney at its 
head, should all give majorities against this ordinance. They say 
even in Alexandria the old Union spirit is reviving. Let us hope 
then—‘hope on, hope ever.’ Let us work in season and out of 
season. 

‘“And now, fellow-citizens, good-bye till we meet again, with all 
our hopes realized, as I trust, under fairer auspices. May we 
meet each other with gratulation and congratulation, that our old 
and beloved Commonwealth, the mother of States and statesmen, 
whose fame is as wide as the earth—every inch of whose soil I 
love, her mountains and valleys, from the seaboard to the Ohio 
border—shall be restored to peace and prosperity; until all this 
land in all her waters, shall reflect back peacefully the stars on 
the floating banner of our country, re-established as the ensign of 
universal jiberty.’’ (Great applause.) 

On motion, a unanimous vote of thanks was tendered to the 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. vit | 


President and other officers for their official service during the 
session. 

On motion, the delegations from the various counties were re- 
quested to appoint the five provided for in one of the resolutions, 
and that they report to the Secretary before the adjournment of 
the Convention. 

Prayer was then offered and the Star Spangled Banner sung, 
and with about three times three hearty cheers for the Union, the 
Convention adjourned sine die, in a perfect blaze of enthusiasm. 


APPENDIX. 





TO THE PROCEEDINGS OF THE FIRST CONVENTION OF 
THE PEOPLE OF NORTHWESTERN VIRGINIA. 





By reference to the twelfth and thirteenth resolutions of the 
report of the Committee on Federal Relations as finally adopted, 
it will be seen that a Central Committee was appointed ‘‘to attend 
to all matters connected with the Convention.’’ Its members were 
John S. Carlile, James S. Wheat, Chester D. Hubbard, Francis 
H. Pierpont, Campbell Tarr, George R. Latham, Andrew Wilson, 
S. H. Woodward, and James W. Paxton. This Committee was 
required to prepare an ‘‘ Address to the People of Virginia,’’ and 
cause the same to be published and circulated as extensively as 
possible, within six days after the adjournment of the Conven- 
tion; this ‘‘Address’’ was prepared and given to the press for 
publication. It was as follows: 

AN ADDRESS TO THE PEOPLE 


Oniiee 
NORTHWESTERN VIRGINIA. 


In obedience to the 13th resolution of the Convention, which met 
in this city, on the 18th inst., we earnestly conjure you to enter 
actively and immediately upon the great work of preparing your 
neighbors and friends, as well as yourselves, for the firm, stern 
and decided stand necessary to be taken and adhered to at all 
hazards, and maintained at any and every cost, if we would pre- 
serve to ourselves and transmit to our posterity, that unity of 
government which constitutes us one people, which we justly re- 
gard as the palladium of our liberties and the main pillar in the 
edifice of our independence. In this way, and this way alone, 
we can save ourselves from the innumerable evils consequent upon 
secession and all the horrors of civil war. 

Why should the people of North Western Virginia allow them- 
selves to be dragged into the rebellion inaugurated by ambitious 


h 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 73 


and heartless men, who have banded themselves together to de- 
stroy a government formed for you by your patriot fathers, and 


which has secured to you all the liberties consistent with the nature 


of man, and has, for near three-fourths of a century, sheltered you 
in sunshine and in storm, made you the admiration of the civilized 
world, and conferred upon you a title more honored, respected and 
revered, than that of King or Potentate—the title of an American 
eitizen? Will you passively surrender it, and submit to be used by 
the conspirators engaged in this effort to enslave you, as their in- 
struments by which your enslavement is to be effected ? 

Freemen who would remain free, must prove themselves worthy 
to be free and must themselves first strike the blow. | 

What is secession? A deed not to be accomplished in the broad 
glare of noon-day sun, but a deed of darkness, which had to be 
performed in secret conclave, by the reckless spirits who accom- 
plished it, in contempt of the people, their masters under our 
form of government, but whom the leaders in this work of destruc- 
tion determined to enslave. 

What is secession? Bankruptcy, ruin, civil war, ending in a 
military despotism. Prior to the adoption of the Ordinance of 
Secession in Virginia, and to the passage by the Legislature of 
the bill calling a Convention, all was peace, and the great business 
interests of our State were uninterrupted. From the hour that it 
was proclaimed the Ordinance of Secession had been passed, busi- 
ness of every description has been paralyzed, State, corporation and 
individual credit is prostrate, and bankruptcy and ruin stare us in 
the face, and war, civil war, with all its attendant horrors, is upon 
us. Sescession, all now see, is war. It is preceded by war, accom- 
panied and sustained by war, ushered into being by war. 

Who are to stand the brunt of this contest? Will it be those 
who have clamored loudest for secession, and who have done the 
most to bring on the present crisis? These are the first to flee 
from the very approach of danger. They hurry in every train and 
by every coach from the anticipated scenes of disturbance. Will 
the disunion majority of the Richmond Convention come into the 
ranks and shoulder the musket in the strife which they have in- 
augurated? They will keep at a respectful distance from danger. 
—They will fill the lucrative offices and secure the rich appoint- 
ments which appertain to the new order of things. They will lnx- 
uriate on two or three or four hundred dollars per month, with 
horses, and servants, and rations to match, while the Union-loving 


74 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


people will be called upon, for the honor of Virginia and two 
shillings per day, to do the fighting and undergo the hardships 
of war. We are all Virginians, say they, the State must be sus- 
tained, and right or wrong, we must all fight for Virginia, ete. 

What is it to fight for Virginia.. ‘What is it to sustain the 
State? Is it to urge her upon a course which leads to visible and 
gaping destruction? Is this the way and the only way in which 
we can testify our devotion to the Commonwealth? If those feel- 
ings which actuated our Revolutionary Fathers be not all dead 
in us, we shall exhibit our love for Virginia, by repudiating this 
tyrannical rule which the Richmond Convention has endeavored 
to impose, and suffer not ourselves to be sold like sheep from the 
shambles. The people yet hold their destinies in their own hands 
—it is for them to accept or reject a tyranny, worse many times, 
than that from which the war of ’76 delivered us—not the tyranny 
of one man, but of many. 

But, people of North Western Virginia, why should we thus per- 
mit ourselves to be tyrannized over, and made slaves of, by the 
haughty arrogance and wicked machinations of would-be Eastern 
Despots? Are we submissionists, craven cowards, who will yield 
to daring ambition, the rich legacy of Freedom, which we have in- 
herited from our fathers, or are we men who know our rights, and 
knowing, dare maintain them? If we are, we will resist the usurp- 
ers and drive from our midst the rebellion sought to be forced 
upon us. We will, in the strength of our cause, resolutely and 
determinedly stand by our rights and our liberties secured to us 
by the struggles of our Revolutionary Fathers, and the authors 
of the Constitution under which we have grown and prospered 
beyond all precedent in the world’s history. We will maintain, 
protect and defend that Constitution and the Union with all our 
streneth, and with all our powers, ever remembering that ‘‘ Resist- 
ance to tyrants is obedience to God.’’ We utterly repudiate the 
war sought to be enforced upon us without and against the consent 
and earnest protestations of the people who have not produced 
it. but who have, we regret to say, thus far offered no resistance, 
but have submitted to the filling up of armies and the quartering 
of troops in their midst; taking for the purpose, our young men 
who had, in a time of profound peace, and with no expectation 
of ever being called upon to aid in a rebellion, attached themselves 
to the volunteer corps of our State. The people, stunned by the 
magnitude of the crime, have, for a time, offered no resistance, 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. TO 


but as returning reason enables them to perceive distinctly the 
objecis and purposes of the vile perpetrators of this deed, their 
hearts swell within them, and already the cry has gone up from 
our mountains and our valleys, ‘‘Resistance to tyrants is obedi- 
ence to God.’’ 

Let us urge you then, that our resistance may be effectual, to 
act in the spirit of the Resolutions here appended, adopted by the 
Convention, whose Committee we are. Let all our ends be directed 
to the creation of an organized resistance to the despotism of the 
tyrants, who have been in session in Richmond, and who are soon 
to re-assemble, that we may maintain our position in the Union 
under the flag of our common country, which has for so many 
years waved gracefully and protectingly over us, and which, when 
we behold upon its ample folds the stripes and the stars of Free- 
dom, causes our bosoms to glow with patriotic heat, and our 
hearts to swell with honest lave of country. That this flag, the 
symbol of our might, challenges our admiration, and justly claims 
our every effort against those who have dared to desecrate and 
dishonor it, we all admit. Let us then see that we take the proper 
measures to make effectual those efforts. The Convention to as- 
semble on the 11th proximo, is looked to to organize our action. 
Its importance, its necessity, will at once strike your minds; take 
Immmediate steps therefcre to secure for your representatives in 
Convention, your most detefmined, resolute, temperate and wisest 
men. We have already detained you too long, the time for action, 
prompt, firm and decided, has come. __In the hope that our section 
will be that of a united people, we take leave of you, confidently 
ealeulating that you will give your body, soul, strength, mind, 
and all the energies of your nature to the work of saving your 
country from becoming the theatre of a bloody war, brought upon 
you without your consent and against your will. Let us show Mr. 
Ex-Secretary Cobb, now President of the Montgomery Congress, 
that we are not willing to recognize the transfer of us made by 
the Richmond Convention, nor do we intend to allow our borders, 
as he says they will be, to be made the theatre of this war. 

Fellow-citizens, we ask you to read and ponder well the passages 
‘from Mr. Cobb’s Speech. We recite: 

““The people of the Gulf States need have no apprehension; 
they might go on with their planting and their other business as 
usual, the war would not come to their section, its theatre would 
be along the borders of the Ohio- River and in Virginia.’’ 


76 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


The Convention between Virginia and the Confederate States, 
by which the control of all military operations is placed in the 
hands of President Davis, insures this result. 

Fellow-Citizens—‘‘ These are the times when we must not stop 
to count sacrifices and costs, where honor, and character, and self- 
preservation are put in issue.’’ The patriot and sage, Daniel 
Webster, in a speech delivered at Washington, in 1851, at the lay- 
ing of the corner stone of the addition to the Capitol, spoke as 
follows: 

‘“Ye men of the Blue Ridge, many thousands of whom are 
nearer to this capitol than the seat of Government of your own 
State, what do you think of breaking up this great association into 
fragments of States and of people? I know that some of you; 
and I believe that you all, would be almost as much shocked at the 
announcement of such a catastrohpe, as if you were informed 
that the Blue Ridge itself would soon totter from its base—and 
ye men of Western Virginia, who occupy the slope from the Alle- 
ghemes to Ohio and Kentucky, what benefit do you propose to 
yourselves by disunion? If you secede, what do you ‘secede’ from, 
and what do you ‘accede’ to? Do you look for the current of the 
Olio to change and to bring you and your commerce to the tide 
waters af Eastern rivers?—What man in his senses can suppose 
that you would remain part and parcel of Virginia a month after 
Virgunia had ceased to be a part and parcel of the United States?”’ 

Fellow-Citizens of Northwestern Virginia, the issue is with you. 
Your destiny is in your own hands. If you are worthy descendants 
of worthy sires you will rally to this defence of your liberties, and 
the Constitution which has protected and blessed you will still ex- 
tend over you its protecting egis. If you hesitate or falter all 
is lost, and you and your children to the latest posterity are des- 
tined to perpetual slavery. 

JOHN §. CARLILE, 
JAMES §. WHEAT, 
CuHeEsTeR D. HUBBARD, 
FRANCES H. PIERPONT, 
CAMPBELL TARR, 
Grorce R. LATHAM, 
ANDREW WILSON, 
S. H. Woopvwagp, 
JAMES W. PAXTON, 
Committee. 


THE SECOND CONVENTION OF THE PEOPLE OF NORTH- 
WESTERN VIRGINIA. 


INTRODUCTORY NOTE. 


The first Convention of the people of Northwestern Virginia 
—that of May—adjourned May 15, 1861, having provided for 
the meeting of a second Convention, in the event that the Ordi- 
nance of Secession should be ratified by the people on the 23d 
day of May ensuing. This was done by the provisions contained 
in the eighth resolution of the series reported by the Committee 
on Federal Relations and adopted by the Convention. It was 
as follows: 


Resolved, That in the event of the Ordinance of Secession being ratified 
by a vote, we recommend to the people of the Counties here represented, 
and ail others disposed to co-operate with us, to appoint on the 4th day 
of June, i861, delegates to a General Convention, to meet on the 11th of 
that month, at suck place as may be designated by the Committee herein- 
after provided, to devise such measures and take such action as the safety 
and welfare of the people they represent may demand, each county to ap- 
point a number of Representatives to said Convention equal to double the 
number to which it will be cntitled in the next House of Delegates; and 
the Senators and Delegates to he elected on the 23d inst., by the counties 
referred to, to the next General Assembly of Virginia, and who concur in 
the views of this Convention, to be entitled to seats in the Convention 
as members thereof. 

Herein it was recommended to the people of the counties 


there represented and that of all others who desired to co-oper- 
ate in the movement inaugurated to appoint on the 4th day of 
the ensuing June, delegates equal to twice the number of mem- 
bers of the House of Delegates, to a General Convention to meet 
on the 11th of June. Further, the Senators and Delegates to the 
General Assembly elected at the election on the 23d of May, and 
who concurred in the views of the said first Convention, were 
entitled to seats in the second Convention. The Ordinance of 
Secession was ratified; the delegates elected on the 4th of June, 
and they together with the Senators and members of the House 
of Delegates, elected May 23d, in-all counties selecting dele- 
gates to the Convention, June 4th, assembled at Wheeling, June 
11th, ensuing. 


JOURNAL 
of the 
SECOND CONVENTION OF THE PEOPLE OF NORTH- 
WESTERN VIRGINIA. 


THE FIRST DAY. 
TUESDAY, JUNE 11, 1861. 


The Convention assembled yesterday at two P. M.; in Wash- 
ington Hall. 

On nomination of Francis H. Pierpont, Dennis B. Dorsey, Esq., 
of Monongalia County, was selected as temporary Chairman. 
Gibson Lamb Cranmer, of Wheeling was, on nomination of 
Campbell Tarr, of Brooke, chosen temporary Secretary. 

The President returned his thanks briefly for the distinction 
conferred. He said that taking the chair as temporary Chair- 
man it would be superfluous in him to allude to the vital subjects 
that would come before the Convention. They had calmly and 
thoroughly considered them at home and had now come here 
to act on those reflections. He realized that this was to be the 
most important Convention that ever assembled in the State of 
Virginia. He would not impose a speech on the Convention, but 
would merely say that he would endeavor to discharge the du- 
ties Imposed on him to the best of his ability. 

On motion of Mr. Pierpont, Rev. Gordon Battelle, who was 
present, was requested to open the sitting of the Convention 
with prayer. 

After the prayer, ArtHur I. Boreman, of Wood, offered the 


following resolution which was adopted: 

Resolved, That a committee of five be appointed by the Chair to as- 
certain and report all who are entitled to seats in this Convention as 
members thereof. 

Mr. Caruie offered the following: 

Resolved, That a committee of five members of this body be appointed 
to report rules for the Government of the Convention. 

The resolution was adopted. 


The following, by Mr. Prrrpont, of Marion, was then adopted: 


Resolved, That a committee of five be appointed to report on the perma- 
nent erganization of the Convention. 


CampretL Tarr submitted the annexed, which was accepted: 
Resolved, That this Convention will meet while in session, at 10 A. M. 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 79 


Tue CHatr then announced the committees, appointed under 
the resolutions offered; after which, on motion, the Convention 
adjourned. , 

The following are the Committees: 

COMMITTE ON ORGANIZATION :—Francis H. Pierpont, W. H. Cope- 
land, EK. H. Caldwell, John S. Burdett, Chapman J. Stuart. 

CoMMITTEE oF RuLES:—Jno. 8. Carlile,, Daniel Polsley, Harri- 
son Hagans, Geo. McC. Porter, Andrew Flesher. 

COMMITTEE ON CREDENTIAIS :—Arthur I. Boreman, Daniel Lamb, 
Lewis Wetzel, John J. Brown, James Evans. 


s 


THE SECOND DAY, 
WEDNESDAY, JUNE 12, 1861. 


The Convention assembled pursuant to adjournment, and was 
opened with .prayer by Rev. Wesley Smith, of this city. 

The Secretary read the journals of the previous day, which 
were, on motion, adopted. 

Mr. BoreMan, of Wood county, offered the report of the Com- 
mittee on Credentials, and on his motion it was received and con- 
curred in: The subjoined is a list of the delegates present: 


REPORT OF THE COMMITTEE ON CREDENTIALS. 


The committee report that the following gentlemen are enti- 
tled to seats in this body from the counties designated, in the 
capacities herein set forth, whether as members of the General 
Assembly elected on the 23d of May, 1861, or as delegates ap- 
pointed to this Convention, June 4th only: 


LIST OF DELEGATES BY COUNTIES. 


Alexandria County—FRenry S. Martin and James T. Close, delegates. 

Barbour ,County—Nathan H Taft and D. M. Myers, members of the 
House of Delegates, and John H. Shuttleworth and Spencer Dayton, 
delegates. ° 

Brooke County—Joseph Cist, Senator, H. W. Crothers, member House of 
Delegates, and John D. Nicholls and Campbell Tarr, delegates. 

Cabell County—Albert Laidley,t member House of Delegates. 

Doddridge and Tyler—Chapman J. Stuart, Senator, William J. Boreman, 
member House of Delegates, and Daniel D. Johnson and James A. Fo- 
ley, delegates. 

Fairfax Countu—John Hawxhurst and Eben E. Mason, delegates. 

Gilmer County—Henry W. Withers, delegate. 


1. Albert Laidley did not remain at Wheeling. He went to Richmond, where he 
occupied a seat in the General Assembly, session beginning December 2, 1861, as the 
delegate from Cabell County. On the eighth day of the session his name was 
dropped from the roll of membcrs of the Convention, he having declined to take the . 
Lrescribed oath.—v. A. L. 


80 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


Hampshire County—James R. Carskadon, Senator, and Owen D. Downey. 
George W. Broski, James H. Trout and James J. Barracks, delegates. 
Hancock County—George McC. Porter, member House of Delegates, and 

John H. Atkinson and William L. Crawford, delegates. 

Hardy County—John Michael, delegate. 

Harrison County—John J. Davis and John C. Vance, members House of 
Delegates, and John S Carlile, Solomon Fleming, Lot Bowen,l Ben- 
jamin F. Shuttleworth, and Charles S. Lewis, delegates. 

Jackson County—Danicl Frost, member House of Delegates, and James 
F. Scott and Andrew Fiesher, delegates. 

Jefferson County—George “Koontz, delegate. 

Fanawha County—l.ewis Ruffner, member House of Delegates, and Green- 
bury Slack, delegate. 

Lewis County—Blackwell Jackson,. Senator, and Perry M. Hale and 
J. A. J. Lightburn, delegates. 

Marion County—Richard Fast and Fountain Smith, members House of 
Delegates, and Francis H. Pierpont,2 Ephraim B. Hall, John S. Barns, 
A. F. Ritchie, and James O. Watson, delegates. 

Marshall County—Remembrance Swan, member House of Delegates, and 
HK. H. Caldwell and Robert Morris, delegates. 

Mason County-—Lewis Wetzel, member House of Delegates, and Charles 
B. Waggener, James Smith, and Daniel Polsley, delegates. 

Monongalia County—Leroy Kramer and Joseph Snyder, members House 
of Delegates, and Ralph I. Berkshire, William Price, James Evans and 
Dennis B. Dorsey, delegates. . 

Ohio County—Thomas H. Logan and Andrew Wilson, members of House 
of Delegates, and Daniel Lamb, James W. Paxton, George Harrison 
and Chester D. Hubbard, delegates. 

Pleasants and Ritchie—James W. Williamson,’ member House of Dele- 
gates, and C. W. Smith and William Douglas, delegates. 

Preston County—Charles Hooton and William B. Zinn, members House 
of Delegates, and William B. Crane, John Howard, Harrison Hagans 
and John J. Brown, delegates. 

Putnam County—George C. Bowyer, member House of Delegates, and 
Dudley S. Montague,4 delegate. 

Randolph and Tucker—Solomon Parsons, member House of Delegates, 
and Samuel Crane, delegate. 

Roane County—T. A. Roberts, delegate. 

Taylor Coupnty—Thomas Cather, Senator, Lemuel E. Davidson, member 
House of Delegates, and John S. Burdett and Samuel Todd, delegates. 
Upshur County—Daniel D. T. Farnsworth, member House of Delegates, 

and John L. Smith and John Love, delegates. 

Wayne County—William Ratcliff, member House of Delegates, and Wil- 
liam W. Brumfield and William Copley, delegates. 

Webster County—Henry C. Moore. 

Wetzei County—James G. West, member House of Delegates, and. Reuben 
Martin and James P. Ferrell, delegates. 

Wirt County—James A. Williamson, member House OF Nereenean and 
Henry Newman and E. T. Graham, delegates. 

Wood County—John W. Moss, member House of Delegates, and Arthur I. 
Boreman and Peter G. Van Winkle, delegates. 


1. Lot Bowen resigned August 13, 1861, because of a connection with tbe Army, 
and was suceeeded the following day by Charles S. Lewis. 

2. Francis H. Pierport, having been elected Governor, resigned August 19, 1861, 
and was succeeded by Ephraim Be Eval, 

3. The name of James W. Williamson was, on the eighth day of the session, 
dropped from the roll of members of the Convention, he not having made his ap- 
pearance since the beginning of the session. 

4. Another delegate from Putnam County aaa and took his seat, August 
12, 1861, but his name has not been ascertained.—v. L. 

5. June 20th—ninth day of the session—Daniel es Chairman of the Com- 
mittee on Credentials, reported that the credentials of Henry C. Moore had been ex- 
amined, and he was fourd to be the duly accredited Delegate from the Blection 
district comprising Webster and parts of Nicholas and Braxton counties.—V. A. L. 





NOTE ON MEMBERSHIP OF SECOND CONVENTION. 
(See pages 79, 80.) 


James T. Close, as a State Senator from the District composed of 
the counties of Fairfax and Alexandria; G. F. Watson, a Senator from the 
District composed of the counties of Accomac and Northampton on the 
HMastern shore; and John R. McCutchen, a Senator from the District 
composed of the counties of Nicholas, Fayette, Pocahontas, Raleigh, 
Braxton, Greenbrier and Clay, were entitled to seats in the Second Con- 
vention, but did not occupy them. James Burley, a resident of Marshall 
county, was a Senator from the District composed of the counties of 
Wetzel, Marshall, Marion and Tyler; was an active and influential mem- 
ber of the Convention. His name should have appeared in the list of 
members from Marshall county, in that body. In the list of members 
from Jackson county, the name of Andrew Flesher appears as a delegate, 
whereas it should be that of Senator, he representing the District com- 
posed of the counties of Mason, Jackson, Cabell, Wayne, and a part of 
Roane. The name of James Smith appears on page eighty, as a delegate 
to the Convention from Mason county. This is an error; he was a dele- 
gate from Jackson county, and should be so accredited.—V. A. L. 

















cn THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 81 


Mr. Prerpon?, from the Committee on Permanent Organiza- 
tion, offered the report of that Committee, recommending the se- 
lection of Arthur I. Boreman, of Wood, for President of the Con- 
vention; for Secretary, Gibson L. Cranmer, of Wheeling, with 
power to appoint his Assistants; for Sergeant-at-Arms, Thomas 
Hornbrook, of Wheeling, with power to appoint a  door-keeper 
or door-keepers and pages. 

The Committee also recommend that before the President 


takes his seat he take the following oath: 


“T do solemnly swear (or affirm) that I will support the Constitution 
of the United States and the laws made in pursuance thereof, as the su- 
preme law of the land, anything in the Ordinances of the Convention which 
assembled in Richmond, on the 13th of February last, to the contrary not- 
withstanding, so help me God.” 


And that the President, after he shall have taken the oath, 
and before any other business is transacted, shall administer the 
said oath to each member who shall be, or has been, reported 
to this Convention as members thereof by the Committee on 
Credentials, only varying the form of the oath to suit the case. 

On motion of Mr. Pierpont the report was adopted. 

On motion of Mr. Carlile a committee of two was appointed 
to inform Mr. Boreinan of his election and conduct him to the 
chair, and Andrew Wilson, Esq., of Wheeling, a Justice of the 
Peace, was requested to administer to him the oath. 

Mr. Carume and Mr. Tarr were appointed the committee, 
who conducted Mr. Boreman to the chair. 

The President then returned his acknowledgments to the Con- 
vention in a brief and pertinent speech. In the course of his re- 
marks he said: ‘‘This Convention was assembled under  cir- 
cumstances which knew no parallel in the past history of the 
country since the adoption of our Constitution. Then we were 
but a few in the land—in these colonies of the mother country. 
Our fathers met with opposition, but, few as they were, they de- 
termined to throw off the shackles which bound them. They did 
so successfully, and after a struggle of seven years, succeeded 
in obtaining from the world a recognition of their independence. 
They adopted a form of government under which we have gone 
on from that day to this, prospering and growing in greatness 
beyond anything that ever occurred in the history of any other 
nation either ancient or modern. But now in the middle of the 
nineteenth century we are awakened by the astounding an- 
nouncement in one section of our country that we have no govy- 


82 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


ernment worthy of our support, and the announcement is at 
once accompanied by a rebellion to throw off this government 
under which we have been so long happy and prosperous, and 
the inauguration of a system such as would never have been coun- 
tenanced by our fathers. We of Western Virginia are asked to 
concur in this action. We are placed in a peculiar position. 
The Convention of Virginia at Richmond, so far as they have 
the power, have by the passage of an Ordinance of Secession 
withdrawn us from the Union of our fathers. They submitted 
_ their action to a vote of the people as they proclaimed it, but in 
a way that made that vote a mockery. The vote in form has rat- 
ified the Ordinance of Secession—thus in the estimation of that 
Convention withdrawing us from the United States of America. 
Under these circumstances Western Virginia is placed in a pe- 
culiar position.—The States north of us and some of the Slave ~ 
States have made no effort by an official body to withdraw from 
the Union. States south of us have gone according to their opin- 
ions out of the Union. Elsewhere there are no efforts being 
made in any of them by any regularly constituted bodies to re- 
tian their places in the Union, while here in Western Virginia 
we have determined that by the help of Him who rules on high 
we will resist the action of that Richmond Convention, ‘whieh 
has practiced upon us a monstrous usurpation of power, vio- 
lated the Constitution of the country and violated every rule 
of right. We have determined I say, to resist it, and under 
this determination we are found here to-day to take definite ac- 
tion. If you gentlemen, will go with me, we will take definite, 
determined and unqualified action as to the course we will pur- 
sue. We will take such action as will result in Western Vir- 
ginia, if not the whole of Virginia, remaining in the Union of 
our fathers. I am satisfied that the members of this Convention 
concur with me almost unanimously. | 

“Then. in this Conventicn we have no ordinary political gath- 
ering. We have no ordinary task before us. We come here 
to carry out and execute, and, it may be, to institute, a govern- 
ment for ourselves. We are determined to live under a State 
Government in the United States of America and under the Con- 
stitution of the United States. It requires stout hearts to exe- 
eute this purpose; it requires men of courage—of unfaltering 
determination; and I believe, in the gentlemen who compose 
this Convention, we have the stout hearts and the men who are 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 83 


determined in this purpose. The definite line of action to be 
pursued, it is not for me to indicate. Here are learned gentle- 
men, men of experience, who, no doubt, after deliberation will 
devise the course proper for us to pursue.’’ 

The oath was then administered to him, after which it was 


on motion, 


“Resolved, That certain gentlemen, who presented themselves as dele- 

gates to this Convention, and who are not accepted as such by the report 
of the Committee on Credentials, shall be admitted to seats on this floor, 
not, however, to participate in the proceedings of this body.” 


The members then came forward by delegations to the stand, 
and took the oath of fidelity, which was administered ‘to them 
by the President. 

Mr. CartireE then submitted the report: of the Committee on 
Rules, embracing the rules and regulations adopted by the Con- 
stitutional Convention held at Richmond in 1850. 

On his motion it was adopted with an additional resolution, 
that two hundred copies be printed for the use of the Conven: 
tion. 

Mr. Dorsey, of Monongalia, offered a series of resolutions 
for the purpose of eliciting, as he said, the opinions of the Con- 
vention in relation to the course to be pursued. He read them 


as follows: 


“Resolved, That it shall be in part the business of this Convention, to 
make the requisite preparatory arrangements for the separation from Vir- 
ginia and the formation into a new State, of such counties as are repre- 
sented in this body, by delegates or otherwise, and are desirous of enter- 
ing into the new State organization. 

“2 That the said preliminary arrangements, when made by the Con- 
vention, shall, in compliance with the Constitution of the United States, 
be submitted for approvai to the Legislature now convened in this city, 
as being the only loyal and legitimate Legislature of the State of Vir- 
ginia; and afterwards, if approved by it, shall be submitted to the Con- 
gress of the United States. 

“2. That this mode of meeting the present exigencies of Western Vir- 
ginia, is preferable to that of reconstructing the Government of Virginia; 
inasmuch as it is equally legal and yet does not impose upon us the 
calamity of an overburdening State debt—no part of which we owe in 
equity—or the scarcely less disastrous calamity of repudiating that debt, 
and thus ruining the financial credit of the State.” 


Mr. Carume asked Mr. Dorsey to withdraw his resolutions 
for the present. All knew his own sentiments, but many mem- 
bers were not yet prepared to entertain these propositions. They 
could, however, be entertained in a short time. He thought 
there were good reasons why the views entertained by them 
both should not at this time be pressed. 

Mr. Dorsey withdrew the resolutions.—All he had desired 


84 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


was to elicit the opinions of the Convention that they might the 
better survey the field before them and prepare for action. 

Mr. CaruILe then submitted the following resolutions. He 
was sure the sentiments they expressed would receive the unani- 
mous approbation of this body. Ue read them as follows: 


RESOLUTIONS OFFERED BY MR. CARLILE. 


“Resolved, that the thanks of the loyal people of Virginia are due, 
and are hereby tendered to the Federal authorities for the prompt man- 
ner in which they have responded to our call for protection. 

“2. That we tender our thanks to Major General McClellan for rescu- 
ing from the destruction and spoilation inaugurated by the rebel forces 
in our midst, the people of North-western Virginia included within his 
military division. 

“3. That the gallant and soldierly bearing of the troops from Ohio, 

and Indiana, who with our own gallant ist regiment, commanded by 
Western Virginia’s loyal son, Col. Kelley, have scattered the rebel forces 
in ‘our midst, has won our admiration, and we gladly hail them as our 
deliverers from the ruin and slavery provided for us by the conspirators 
who have temporary possession of the power of the State. 
' “4. That we deeply sympathize with our fellow-citizen, Col. Kelley, in 
his sufferings from the wound received in our service, and earnestly 
pray that he may be speedily restored to perfect health, and again resume 
his command at the head of our own ist regiment. 

“5. That we utterly repudiate the heresy sought to be inculcated by 
secessionists, that it is an invasion of Virginia’s soil for American 
troops to march to the defense and protection of Virginia’s citizens, but 
on the contrary, we declare Virginia soil to be American soil, and free 
to the march of American soldiery and sojourn of American citizens, 
from all and every portion of American territory; and it is only by such 
recognition that the Federal authorities could discharge a plain Consti- 
tutional duty imposed upon them by the clause guaranteeing to each 
State in the Union a Republican form of government.”’ 


Dr. Logan, of Wheeling, moved that the Secretary of the 
Convention be instructed to transmit copies of the foregoing res- 
olutions to the President of the United States, to General Mc- 
Clellan, Brigadier-General Morris, and the Colonels commanding 
in the division of the United States Army in Northwestern Vir- 
oinia. 

It is moved to so amend that 500 copies be printed, to be trans- 
mitted as proposed, and the residue to be distributed among the 
soldiers. 

Dr. LoGaNn objected to the amendment. He thought it would 
be an unnecessary expense. It became them as representatives 
of Western Virginia to practice rigid economy. He _ subse- 
quently, however, accepted the amendment, and the motion as 
amended was adopted. 


Mr. Carnie submitted a resolution as follows: 


Resolved, That a Committee of thirteen members be appointed to pre- 
and report business for the Convention. 


/ 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 85 


CrestEx D. Hupsarn, of Wheeling, moved to amend by 
adding all resolutions touching our State and Federal Rela- 
tions, be referred to said Committee. 

Mr. CaruinE accepted the amendment and the motion, as 
amended, was then adopted. 

The Convention then, on motion, took a recess until 2 o’clock, 


‘ 


AFTERNOON SESSION. 


The Convention reassembled at the appointed hour. 

The Chair announced the Committee on Business as follows: 

COMMITTEE ON Bustness:—John 8. Carlile, of Harrison, Daniel 
Lamb, of Ohio; Francis H. Pierpont, of Marion; Harrison Ha- 
gans, of Preston; P. G. Van Winkle, of Wood; Ralph L. Berkshire, 
of Monongalia; Daniel Polsley, of Mason; William J. Boreman, of 
Tyler; E. H. Caldwell, of Marshall; Daniel Frost, of Jackson; 
George McC. Porter, of Hancock; Daniel D. T. Farnsworth, of 
Upshur; William H. Copley, of Wayne. 

THE CHarr stated that the next business in order would be 
the reception of resolutions and other matters for the Committee 
on Business. 

Mir. Dorsey th:-n called up the resolutions he had offered 
in the morning’s session. They were read and referred to the 
Committee. 

Mr. Pierrpont subinitted a resolation, which was adopted, 
as follows: 


Resolved, Tnat the President be requested to communicate with the 
clergymen of this city with a view to provise for opening the sessions of 
the Convention each day with prayer. 


On motion of Mr. CARuine, it was ordered that when the Con- 
vention assemble next it be in the United States Court Room in 
the Custom House. 3 

The Convention then on motion, adjourned to afford the Com- 
mittee time to prepare business for its action. 


THE THIRD DAY, 
THURSDAY, JUNE 13, 1861. 


The Convention met at the appointed hour, in the United 
States Court-room, at the Custom House. 


86 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


The sitting was opened with prayer by the Rev. Wesley Smith 
of this city. 

The minutes of the previous day were read, and, after some 
trifling amendments, were approved. 

On motion of Mr. Burdett, of Taylor, an opportunity was 
offered those delegates who had arrived since yesterday to take 
the oath. Several came forward, and the oath was administered 
to them by the President. 

On motion of Mr. Burdett, the Committee on business was in- 
creased from 13 to 17 members, by the addition of the following 
gentlemen: James T. Close, of Alexandria county; John Hawx- 
hurst, of Fauquier; James R. Carskadon, of Hampshire, and 
Mr. Crane, of Randolph. 

Mr. CaruinE: ‘‘The committee whose duty it is to report 
business for this Convention, after several hours of labor, have 
instructed me to report a declaration I hold in my hand. We 
would gladly have had more time for subjects so important, but 
anxious to show a dispositon to discharge the duties imposed 
upon them, they have agreed upon this declaration, and will as 
rapidly as practicable, report further business for the action 


of the Convention, and hope all matter acted upon will be re- 


turned to them for engrossment.”’ 
Mr. CaruILE read the fofllowing: 


A DECLARATION OF THE PEOPLE OF VIRGINIA REPRESENTED IN CONVEN- 
TION AT THE CITY OF WHEELING, THURSDAY, JUNE 13, 1861. 


The true purpose of all government is to promote the welfare and 
provide for the protection and security of the governed, and when any 
form or organization of government proves inadequate for, or subversive 
of this purpose, it is the right, it is the duty of the latter to alter or 
abolish it. The Bill of Rights of Virginia, framed in 1776, reaffirmed 
in 1830, and again in 1851, expressly reserves this right to a majority 
of her people, and the existing constitution does not confer upon the 
General Assembly the power to call a Convention to alter its provisions, 
or to change the relations of the Commonwealth, without the previously 
expressed consent of such majority.—The act of the General Assembly, 
calling the Convention which assembled at Richmond in February last, 
was therefore a usurpation; and the Convention thus called has not only 
abused the powers nominally entrusted to it, but with the connivance 
and active aid of the executive, has usurped and exercised other powers, 
to the manifest injury of the people, which, if permitted, will inevitably 
subject them to a military despotism. 

The Convention, by its pretended ordinances, has required the people 
of Virginia to separate from and wage war against the government of 
the United States, and against the citizens of neighboring States, with 
whom they have heretofore maintained friendly, social and business rela- 
tions: 

It has attempted to subvert the Union founded by Washington and his 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 87 


ce-patriots in the purer days of the republic, which has conferred unex- 
ampled prosperity upon every class of citizens, and upon every section 
of the country: 

It has attempted to transfer the allegiance of the people to an illegal 
confederacy of rebellious States, and required their submission to its 
pretended edicts and decrees: 

It has attempted to place the whole military force and military opera- 
tions of the Commonwealth under the control and direction of such con- 
federacy, for offensive as well as defensive purposes. 

It has, in conjunction with the State Executive, instituted, wherever 
their usurped power extends, a reign of terror intended to suppress the 
free expression of the will of the people, making elections a mockery 
and a fraud: 

The same combination, even before the passage of the pretended ordi- 
nance of secession, instituted war by the seizure and appropriation of 
the property of the Federal Government, and by organizing and mobiliz- 
ing armies, with the avowed purpose of capturing or destroying the Capi- 
tal of the Union: 

They have attempted to bring the allegiance of the people of the United 
States into direct conflict with their subordinate allegiance to the State, 
thereby making obedience to their pretended Ordinances treason against 
the former. ! 

We, therefore, the delegates here assembled in Convention to devise 
such measures and take such action as the safety and welfare of the 
loyal citizens of Virginia may demand, having maturely considered the 
premises, and viewing with great concern, the deplorable condition to 
which this once happy Commonwealth must be reduced, unless some regu- 
lar adequate remedy is speedily adopted, and appealing to the Supreme 
Ruler of the Tyniverse for the rectitude of our intentions, do hereby, in 
the name and on the behalf of the good people of Virginia, solemnly de- 
clare, that the preservation of their dearest rights and liberties and their 
security in person and property, imperatively demand the reorganization 
of the government of the Commonwealth, and that all acts of said Con- 
vention and Executive, tending to separate this Commonwealth from the 
United States, or to levy and carry on war against them, are without 
authority and void; and the offices of all who adhere to the said Conven- 
tion and Executive, whether legislative, executive or judicial, are vacated. 


J. W. Paxton, of Ohio, submitted the following which was re- 


ferred: 


Resolved. That the people of Northwestern Virginia have long and 
patiently borne the position of political inferiority forced upon them by 
unequal represeritation in the State Legislature, and by unjust, op- 
pressive, and uncqual taxation, but that the so-called ordinance of seces- 
sion, passed by the Convention which met in Richmond on the 138th of 
February lasi, is the crowning act of infamy which has aroused them 
to a determination to resist all injustice and oppression, and to assert 
“and forever maintain their rights and liberties in the Union and under 
the Constitution of the United States. 


Mr. Paxton said: ‘‘In considering matters that come _ be- 
fore us for action here it is very difficult but very important 
that we all realize the actual existence of war—civil war. We 
must not forget, sir, that we are now engaged in a struggle for 
the nation’s very existence; that our differences are not now 
being settled as hertofore at the ballot box, peacefully and qui- 
etly, but by the bayonet and at the cannon’s mouth. You, sir, 
and I, and every American citizen this day are parties to this 


88 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


struggle on one side or on the other—either as loyalists or reb- 
els. And he who sympatizes with, who directly or indirectly, 
aids or encourages either side, is just as much a party to this war 
as if on the tented field itself. I assert, and in doing so appeal 
to all past observation and experience for my justification, and 
there is not, and there can be, no real neutrality; that assumed 
neutrality either by a State or by an individual is practical se- 
cession. It is well to remember this in coming to the consider- 
ation of our duties in this great emrgency. 

What is our duty? For what are we convened? ‘What is ex- 
pected of us by that patriotic and Union-loving constituency 
whom we represent, and who well know are resolved never to 
submit to the military despotism inaugurated at Richmond? 
Sir, they expect of us action. They not only expect but they 
demand prompt, decisive and organized resistance to traitors 
and to treason. Shall we disappoint them? Shall we disap- 
point not them alone but the just expectations of the whole coun- 
try? No, sir. We are fully committed to the war of patriot- 
ism against treason; and I am very sure from the indications 
here that there will be neither faltering nor hesitancy now. 

The tune has come for action—for active resistance to the des- 
potism that will overwhelm us surely if we remain tacit and 
inactive. Duty, patriotism, and even self-preservation demand 
that we shall now promptly recognize the responsibilities that 
Fave devolved upon us, and shall take action worthy of the 
occasion; such action as, in the language of the resolution I have 
offered here ‘will assert and forever maintain our rights and 
liberties in the Union and under the Constitution of the 
United States.’ . 

Mr. President, we are now ealled upon to perform our 
part—and it is no unimportant one—towards the preservation 
and the perpetuity of this great Government.—We must . 
and will be sustained in the effort by the whole force and power 
of the Federal Government. And, sir, we shall succed in driv- 
ing treason and rebellion beyond our borders. This, sir, is our 
mission.—Let us do the work.’’ 


Mr. Hawxuurst, of Fairfax, offered the following: 
1. Resolved, That we recognize the Union sentiment of the whole 


. State as the proper basis of this body. 


2. That when worthy Unien men of the different counties of the 
State, who cannot have proper facilities for consultation and action, 
send delegates to this Convention, we will receive them and their as- 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 89 


sistance in freeing the State from the rule of despotism that now op- 
presses a portion of them. 


Mr. Carte: ‘‘The Committee have instructed me to report 


a resolution, and I trust the gentleman will withdraw his, if this 


meet his approbation. It is as follows:’’ 


Resolved, That the loyal people of the counties of this Commonwealth 
that have not yet appointed delegates to this Convention, or are not ac- 
tually represented here, be, and they are hereby earnestly requested to 
appoint such delegates without avoidable delay. 


Mr. Hawxuurst withdrew his resolution. 

Mr. Prerpont, of Marion. hoped every member would see 
the importance and propriety of adopting the resolutions of the 
Committee at once. He trusted after that was done, that effect- 
ive measures would be taken to communicate the information 
contained in the resolutions, to those counties without delay. 

The resolution was then adopted. 

Mr. Frost, of Jackson, offered a resolution more especially, 
he said, with reference to his section of the State. It is as fol- 


lows: 


Resolved, That for the better preservation of the peace of the citizens 
of Virginia, this Convention most earnestly requests all persons within 
her limits engaged in rebellious movements against the Federal Govern- 
“ment, to desist from all such demonstrations and return to their allegi- 
ance; and that this Convention does peremptorily require all seditious 
assemblages to disperse, and all companies mustered into the service of 
the Southern Confederacy to be immediately disbanded. 


The resolution was appropriately referred. 

Mr. CARLILE suggested that if there were no business before 
the Convention, it would greatly facilitate their objects to have 
the committees at work, and if agreeable, he would move to 
adjourn till to-morrow morning. He subsequently withdrew 
the motion to adjourn, and asked that a genral order be adopted 
that the committees, have leave to sit during the sittings of the 
Convention, which leave was granted. 

Mr. Burperr said a gentleman from Barbour was here with 
but partial credentials—Barbour was a Union county, and 
the member of the Legislature from that county having run off 
with the secession army, he wished to enquire if it was not com- 
petent for this Convention to declare this gentleman the dele- 
gate elect to the House of Delegates from that county, and 
thereby make him a delegate to this Convention. He therefore 
moved 

That this Convention declare Nathan H. Taft the delegate for 
Barbour county in the Legislature. 

Mr. Farnswortu, of Upshur, said the claims of the gentle- 


90 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


man were now under consideration by the Committee on Cre- 
dentials. Their report would be made shortly, and he asked re- 
_spectfully that a little time be given them. 

Mr. Burverr withdrew the resolution. 

Mr. Lams, of Ohio, suggested to the gentleman from Taylor, 
that the proper course to pursue would be to pass Mr. Taft’s 
credentials over to the Committee on Credentials. That would 
be the proper course in any instance of the kind. 

Mr. Parsons, of Tucker, thought it altogether wrong to 
take the consideration of such matters out of the hands of the 
committee appointed for the express purpose of considering 
them. 

Mr. BurbrEtTr said the gentleman from Tucker misapprehended 
his remarks. He believed it competent for this Convention to fill 
vacancies for the House of Delegates. There appears to be one 
in the county of Barbour. We have a right to indicate Mr. Taft 
as the Delegate, and receive him here as such; but I think it better 
for the committee to report on the matter first. I, therefore, move 
to refer the claims of Mr. Taft to a seat in this body, to the Com- 
mittee on Credentials. 

The resolution was adopted. 

Mr. Frost said that in glancing over, the rules, he discovered that 
according to rule 21, select committees should be composed of not 
less than 5 nor more than 13. He called attention to the rule to 
prevent infringement. He thought, in view of the resolution of- 
fered by the gentleman from Taylor, and adopted by the Conven- 
tion, increasing the Committee on Business from 13 to 17, it would 
be proper either to alter the rule, or reconsider the resolution by‘ 
which the increase was made. 

Mr. VAN WINKLE moved to amend the rule by adding the words, 
“‘unless by authority of the Convention.’’ 

Mr. Lamp suggested that it would be better to reconsider the mo- 
tion. 

Mr. VAN WINKLE explained that the object of his motion was 
to legalize the action taken hy the Convention this morning. 

Mr. Burpreti favored a reconstruction. 

Mr. VAN WINKLE withdrew his motion, and after some further 
discussion, a motion to reconsider the vote by which the Commit- 
tee on Business was increased in violation of the rule, prevailed. 

On motion of Mr. Lamp, the 21st rule was then suspended. 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. De 


On motion of Mr. Burprrr, the committee was then increased 
by adding to it the four gentlemen appointed under his former 
resolution. . 

THE CuHarr stated in justification of himself that the committee 
had been formed hastily, and without particular thought as to 
whether the members were from the east or west of the Alle- 
ghanies. It never occurred to him that he was omitting gentle- 
men from anyone section of the State. The additional appoint- 
ments on the committee, however, would remedy the omission. 

On motion the Convention took a recess till 2 o’clock P. M. 


AFTERNOON SESSION. 


The Convention re-assembled at 2 o’clock. THE CHatr stated 
that the first business in order, would be the reception of the 
reports of such committees as might be prepared to report. 

There being no reports offered, 

Mr. KLEsSHER, of Jackson, said if there were nothing before 
the Convention, he would move to adjourn till to-morrow morn- 
ing at ten o’clock 

SamMuEL B. Topp, of Taylor, said he wished to ask leave of 
absence of the Convention for a few days. His private affairs 
rendered it necessary. 

On motion, leave of absence was granted him. 

Mr. Fuiresuer, of Jackson, then renewed his motion, and the 
Convention adjourned. 


THE FOURTH DAY, 
FRIDAY, JUNE 14, 1861. | ' 


The Convention met yesterday at the usual hour and was 
opened with prayer by Rev. David Hervey. 

The minutes of the preceding day were read and approved. 

Co. Kramer, cf Monongalia, who was present for the first 
time, came forward and took the oath of office. , 

Mr. Carine, from the Committee on Business, reported the 


9°, PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


following Ordinance: On his motion it was ordered to lie on 
the table and be made the order of the day for to-morrow at 
eleven o’clock. 


AN ORDINANCE FOR Titi RE-ORGANIZA'TION OF THE STATE GOVERNMENT. 


The people of the State. of Virginia, by their delegates assembled in 
Convention at Wheeling, do ordain as follows: 

i. A Governor and Lieutenant-Governor for the State of Virginia shall 
be appointed by this Convention to discharge the duties and exercise the 
powers which pertain to their respective offices by the existing laws of 
the State, and to continue in office until their successors be elected and 
qualified. 

2. A Council, to consist of five members, shall be appointed by this 
Convention to consult with and advise the Governor respecting such mat- 
ters pertaining to his official duties as he shall submit for consideration, 
and to aid in the executicn of his official orders. Their term of office 
shall expire at the same time as that of the Governor. 

©. The Delegates elected to the General Assembly on the twenty-third 
day of May last, and the Senators entitled, under existing laws to seats 
in the next General Assembly, who shal] qualify themselves by taking 
the oath or affirmation hereinafter set forth, shall constitute the Legis- 
lature of the State, to discharge the duties and exercise the powers per- 
taining to the General Assembly. They shall hold their offices for the 
terms for which they were respectively elected. They shall assemble in 
the city of Wheeling on the ——-— day of — and proceed to orga- 
nize themselves, as prescribed by existing laws, in their respective 
branches. A majority in each branch of the members qualified as afore- 
said shall constitute a guarantee to do business. A majority of the mem- 
bers of each branch thus qualified, voting affirmatively, shall be compe- 
tent to pass any act specified in the twenty-seventh section of the fourth 
article of the Constitution of the State. 

4. The Governor, Lieutenant-Governor, members of the Legislature, 
and all officers now in the service of the State, or of any county, city or 
town thereof, or hereafter to be elected or appointed for such service, 
including the Judges and Clerks of the several courts, Sheriffs, Commis- 
gioners of the Revenue, Justices of the Peace, officers of city and munici- 
pai corporations, and oificers of militia and volunteers of the State not 
mustered into the service of the United States shall each take the follow- 
ing oath or affirmation before proceeding in the discharge of their sev- 
eral duties: 

I solemnly swear (oer affirm) that I will support the Constitution of 
the United States. and the laws made in pursuance thereof, as the Su- 
preme law of the land, any thing in the Ordinances of the Convention 
which assembled at Richrvond on the 138th day of February, 1861, to the 
contrary notwithstanding; and that I will uphold and defend the Gov- 
ernment ordained by the Convention which assembled at Wheeling on the 
11th day of June, 1861, and the Legislature, Governor and all other offi- 
cers thereof, in the discharge of their several duties as prescribed by the 
last mentioned Convention. 

5. If any elective officer who is required by the preceding section to take 
said Oath or Affirmation, fail or refuse so to do, it shall be the duty of 
the Governor, upon satisfactory evidence of the fact to issue his writ 
declaring the office to be vacant, and providing for a special election to 
fill such vacancy, at some convenient and early day to be designated in 
said writ of which due pubiication shall be made for the information 
of the persons entitled to vote at such election, and such writ may be 
directed, at the discretion cf the Governor, to the Sheriff or Sheriffs of 
the proper County or Counties, or to a special Commissioner or Commis- 





THE PEOPLE OF NORTHWESTERN VIRGINIA IN: 1861. 93 


sioners to be ordered by the Governor for the purpose. If the officer 
who fails or refuses to take such oath or affirmation be appointed other- 
wise than by election, the writ shall be directed to the appointing power, 
requiring it to fill the vacancy.” 


He also from the same Committee reported back the resolu- 
tion submitted by Mr. Frost, of Jackson, on Thursday, com- 
manding the dispersion of seditious assemblages, &c., with the 
recommendation that it pass. 

On motion, the question was put and the resolution adopted. 

. Mr. Lamp, from the Committee on Credentials, reported that 
John Love, of Upshur county, had presented proper credentials 
entitling him to a seat in this Convention from that county, and 
he moved that his name be entered upon the roll as such. 

The report as far as made was adopted. Mr. Love’s name 
was entered upon the roll, and he came forward and was quali- 
fied. | 

Mr. LAmB—‘‘The Committee also instructed me to report that 
Nathan H. Taft is entitled to represent the people of Barbour 
county as one of the delegates in this Convention, in the place 
of Spencer Dayton, who has been heretofore admitted as a mem- 
ber.’? He moved that Mr. Taft be received in place of Mr. Day- 
ton. 

Mr. Stuart, of Doddridge, wished to know some .of the facts 
in the case. He was aware that the Committee had the power to 
displace a member already qualified. .He thought such action 
irregular. 

Mr. Lampe said the facts were briefly these: 

‘‘The appointments in that county had been made by subscrip- 
tion. Mr. Shuttleworth was upon all the subscription papers 
presented to the Committee. When we first acted upon the case 
and presented that roll of members to the Convention, Mr. Taft 
had not his papers to lay before us.: We therefore presented 
the name of Mr. Dayton, because his was the only second name 
appearing upon the papers we had to act upon. Mr. Taft, upon 
due notice to Mr. Dayton, has since brought forward his pa- 
pers, and it appears now by the whole of the papers which we 
now have before us, that Mr. Taft is appointed to represent that 
county, by a larger number of citizens than Mr. Dayton. Mr. 
Shuttleworth is unanimously appointed,-and the county is en- 
titled to but two members. 

Mr. Sruarr renewed his objection on the ground of irregu- 


94 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


larity. . Mr. Dayton had been qualified, and there should be 
some regularity in the mode by which he should be displaced. 

Mr Lamp referred to the proceedings of the day before. The 
claim of Mr. Taft had been regularly referred to the Commit- 
tee. A consideration of it necessarily involved a contest with 
Mr. Dayton. Under order cf the Convention, it was incumbent 
on the Committee to report on the respective claims, and they 
had done so. 

Mr. Sruart said he had understood the resolution of yes- 
terday (submitted by the gentleman from Taylor) to express 
that Mr. Taft should be entitled to take his seat as a representa- 
tive in the Legislature, and not whether he or Mr. Dayton should 
take a seat here as delegate to this Convention only. 

The Secretary read Mr. Burdett’s resolution. It is as fol- 


lows: 
“That Nathan H. Taft be admitted to a seat in this Convention, as the 
delegate from Barbour county te the Legislature.” 


Mr. Burpverr said that at the time he submitted that res- 
olution, he was not aware that Mr. Taft had credentials showing 
him regularly elected. He had not offered it to give Mr. Taft 
a seat in preference to Mr. Dayton, but he thought the Commit- 
tee on Credentials had full power to determine and decide who 
are delegates to this Convention, particularly with the concur- 
rence of this body itself. 

Mr. Fuesuer, of Jackson, inquired if they could both hold 
seats in the Convention. 

THe CHair said that was a matter for the Convention to de- 
cide. 

Mr. Moss, of Wood, moved as a substitute for the report of 
the Committee, that the office of delegate to the House of Dele- 
gates for Barbour county be declared vacant, and that Mr. Taft 
or Mr. Dayton be declared such delegate. 

Mr. Care said there was no power in the Convention to 
appoint a delegate for the county of Barbour. Neither was there 
any power to increase the number of representatives to which 
she is entitled on this floor. He trusted the gentleman from 
Wood would withdraw his motion, and allow the report of the 
committee to be adopted. 

Mr. Dayton, who was present, took occasion to express his 
willingness to acquiesce in the action of the committee. He had 
come here determined that Barbour should be represented, and 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 95 


without being aware that any gentlemon except Mr. Shuttle- 
worth would be here. There was no contest between himself and 
Mr. Taft. JIe would already: have resigned in favor of that 
gentleman (having since his arrival here become acquainted with 
his superior claims) but that he should have been subjected on 
his return home to the imputation of having shrunk from taking 
part in the action of the Convention. THe desired, therefore, 
that when he retired that it might be by the action of the Con- 
vention. With this explanation he would let the matter rest. 

Mr. Moss withdrew his motion. 

The question was taken on the report of the Committee, and 
it was adopted. 

Mr. PAxToN moved to reconsider the vote by which, a few 
minutes since, the report of the Committee on Business was 
made the special order for to-morrow at eleven o’clock. The 
printed report could not be in the hands of the members before 
that hour. He wished to substitute a later day. 

Mr. CaruInE remarked that the suggestion met the con- 
eurrence of the committee. He hoped a later day would be 
named. 

The question was put and the vote reconsidered. 

Mr. Paxton then moved that the ordinance reported by 
the Committee on Business be made the special order for Mon- 
day at 11 o’clock. 

Mr. Crane, of Tucker, moved to amend by substituting Wed- 
nesday for Monday. He was obliged to absent himself till that 
time, and was very desirous of being present when the consid- 
eration of the ordinance came up. 

Mr. Paxton accepted the amendment and the motion as 
amended was concurred in. | 

The order of the day was called. 

Mr. Lamp moved to suspend its consideration until the Com- 
mittee on Credentials could conclude their report. 

The order being susepnded, 

Mr. Lamp said that he had been instructed additionally to 
report that Wm. F. Mercer, of Loudon county, claims a seat in 
the Convention; that the Committee regard the credentials of- 
fered by Mr. Mercer as insufficient and so report to the Conven- 
tion. He asked that Mr. Mercer himself be heard. 

Mr. Mercer spoke at some length in support of his claims. 


96 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


Mr. CARLILE read the credentials of Mr. Mercer, and made some 
remarks [in| refutation of his claims and urging that the duty of 
the Convention required them, however much their sympathies 
might be enlisted. to strictly require that none but such as were 
regularly appointed should be received as delegates. 

Mr. Stuart suported Mr. Mercer’s claims in a few remarks. 

Mr. Burperr submitted a motion that the gentleman from Lou- 
don should be declared a delegate of this Convention; which he 
aiterwards withdrew. | 

The question on the adeption of the report of the committee was 
taken and the report was adopted. 

Mr. CARLILE read to the Convention an invitation for them to 
aitend a strawberry festival given by the Union ladies of Wheel- 
ing in the evening, at Washington Hall. He hoped all would go. 

He also anncunced that the Central Committee, appointed by 
the May Convention, had taken such steps as enabled them to an- 
nounee that 2,000 stand of good arms had been procured, 500 
of which arrived in the city to-day, and the other 1,500 to be here 
this evening or in the morning. 

The order of the day was then again taken up. 

On motion of Mr. Dorsey it was postponed until 2 o’clock P. M. 

The Convention then took a recess until 2 o’clock. 


AFTERNOON SESSION. 


‘he Convention assembled at two o’clock. 
Mr. Haaans asked and obtained leave to introduce the following 


resolution : 

Resolved, That, in consideration of the peculiar circumstances that 
have surrounded our loyal brethren of Loudon county, as well as of their 
geographical position, this Convention now extends to them a cordial 
and special invitation to accredit and send their number of delegates as 
soon as possible, and that Wm. F. Mercer be made the medium of this 
invitation. 

The resolution was adopted. 


Mr. Tarr. of Barbour. then went forward and took the oath of 
office. 

Tre Crair then anonunced the order of the day to be the Decla- 
ration reported by the Committee yesterday. The question is on its 
adoption. 

Mr. Dorsey, of Monongalia, said he had no special objection to 
this Declaration of itself. He thought there was an error or an in- 
advertence in the wording of one sentence: 


| 





THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 97 


‘*The act of the General Assembly, calling the Convention which 
assembled at Richmond in February last, was therefore a usurpa- 
tion; and the Convention thus called has not only abused the pow- 
ers nominally entrusted to it, but, with the connivance and active 
aid of the executive, has usurped and exercised other powers, to 
the manifest injury of the people, which, if permitted, will inevita- 
bly subject them to a military despotism.’’ | 

This sentence gave peculiar force to the one which preceded it, 
which reads thus: ‘‘The Bill of Rights of Virginia, framed in 
1776, re-affirmed in 1830, and again in 1851, expressly reserves this 
right to the majority of her people, and the existing constitution 
does not confer upon the General Assembly the power to call a 
Convention to alter its provisions, or to change the relations of the 
Commonwealth, without the previously expressed consent of such 
majority.”’ Taken in connection with the one first read, this 
seems to mean with the previously expressed consent of such ma- 
jority, the General Assembly has the power to change the relations 
of the Comonwealth, and if that means the Federal relations, this 
is a virtual concession of the doctrine of secession. The objection 
however. which he had to this document related to its connection 
with other documents reported to this Convention by the Committee 
on Business, as being a part of a systematie plan which had been 
prepared by the committee reporting the declaration—a plan which 
he objeeted to and to which he would report his objections. 

Mr. Caruite: I thank my friend from Monongalia for allowing 
the committee an opportunity to explain, and show, if we can, that 
the language referred to is not justly subject to the criticism to 
which it seems to have been exposed. Before he enters upon sub- 
stantial objections he has kindly consented that we shall be allowed 
to perfect the Declaration. 


_ I think, Sir, upon a eareful reading of the Declaration gentle- 
men will see that there is nothing in the world squinting towards 
the heresy of secession, in the slightest degree. The right spoken 
is the right of the people to alter or abolish their government. No 
man doubts that right; it 1s as old as liberty itself. It is a right 
that any,and every people have, successfully if they can, to re- 
sist a government which they believe to be oppressive or unsuited 
to their wants. If they succeed in their efforts they are patriots, 
if they fail they are rebels. It is the right of revolution. 

The people of Virginia in establishing themselves a government 


98 PROCEEDINGS AND JOURNALS OF THE CONVFNTIONS OF 


deemed it best that it should be divided into two parts, if I may 

use the expression, and you will allow me to use language which I 
understand, and which all ean understand. What is government? 
It is an agent. All governments are the agents of the people gov- 
erned; and the people of Virginia in establishing government for 
themselves deemed it best to create two agents. The Federal Gov- 
ernment is one, and the State Government is the other; and they 
have expressly declared that the acts within the limits 
of the attorney that the acts of the federal agent, within 
its powers, limited and defined by the instrument creating his 
agent, shall be supreme. Any act done or performed by the State 
agent in conflict with the powers conferred upon the Federal agent 
is to be null and void.—Thus it will be seen that within the powers 
conferred the federal agent is supreme, independent of, and above 
the State agent. Hence the doctrine of Mr. Clay when he said: ‘‘I 
owe a supreme allegiance to the Federal Government, a subordinate 
one to my own State.’’ 

The State agent, as to the exercise of its power, is wholly inde- 
pendent of the Federal agents. The Federal agent can exercise no 
power other than that conferred upon him by the instrument creat- 
ing him. The State agent can exercise all power that the people 
themselves were they personally present could exercise, which is not 
forbidden to be exercised by it, in theConstitution creating it. 
There is the distinction between the two agents. 

How was the Federal agent created? The State agent was created 
solely and alone by the people of Virginia themselves; it is respon- 
sible to no one else, derives its powers from no one else; is the 
creature of the people of Virginia alone. 

The Federal agent is the creature of all the parties to the Fed- 
eral compact. The people of Virginia agreed with the people of 
the other twelve colonies—there were but thirteen at the time— 
agreed with them that in connection with them they would create 
this common agent for common purpose, and the discharge of 
common duties. And how was that agent created in each one of the 
States? In their sovereign capacity, in convention assembled, rati- 
fying and approving the instrument creating the agency known 
as the Constitution of the United States. That very instrument 
provides for its own alteration, amendment or change. On the ap- 
plication of two-thirds of the principals creating it, amendments 
can be proposed to it and changes effected, which will become a 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 99 


part and parcel of the original act itself, when ratified by three- 
fourths of the principals through their legislatures or in their 
conventions assembled. 

Now, Sir, what is this clause to which reference has been made? 
It merely asserts what all know to be true, that the Bill of Rights 
declares that this State agent which we have created, cannot change 
the agency itself, as defined, limited and prescribed by the instru- 
ment creating the agency, the Constitution of Virginia; that no 
agent, created either mediately or immediately, directly or indi- 
rectly, can affect, change, alter, or abolish the powers of the agent. 
either direct or indirect. That can only be done by the people 
ereating the agents—therefore, we say that when this one 
of these agents—the Legislative Department of the State Gov- 
ernment—assumed to itself the power to convene an assembly 
known constitutionally as embodying the sovereign power of the 
whole people of the State, they were guilty of an usurpation. And 
thus the legitimate inference to be drawn is that they have by this 
usurpation forfeited their agency and our power under the in- 
strument; that this act which they assumed to do is in violation of 
authority conferred upon them by the instrument establishing them 
as the agent, and therefore void; and that such power can only be 
assumed by the principal himself, the sovereign people of Virginia. 

Mr. Dorsey: Will the gentleman from Harrison county permit 
me to ask a question? What ‘‘relations’’ are meant in the clause? 
Or how ‘‘change the relations of the Commonwealth ?’’ 

Mr. Caruite: I am coming to that. If the Constitution of the 
United States, providing as‘it does, for its own amendment and 
change, should be by the constitutional number of States so 
changed as to effect the present relations which Virginia has to 
it, and give it another and different relation, and the people of 
Virginia shall ratify that amendment in convention as they rati- 
fied the constitution itself, or through the Legislature in the man- 
ner prescribed by the Constitution, I would like to know if they 
have not the right to do it? Sir, I hope to see the relations of Vir- 
ginia changed before many years. If peace shall once more be re- 
stored to this once happy land, I trust that among the first acts of 
the people of the States will be to convene a National Convention 
which shall, if it do nothing else, change our relations so far as 
treason is concerned. I want to see a little more stringent pro- 
vision on that subject. I want that which goes to destroy the per- 


100 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


petuity of our government, whether it be an overt act or not, to be 
punished as treason. That is all, Sir, this Declaration means. It 
may be meant to cover the great right never denied—the right 
which is dear to every freeman—the right of revolution—the right 
which our fathers exercised and asserted successfully upon the 
fields of Yorktown and Bunker Hill. But was never intended— 
and it canont be made to appear by a fair construction—that the 
convention assembled for the purpose of putting its foot upon this 
heresy of the constitutional right to withdraw from the Union and 
destroy a government, could or does express a recognition of that 
very right which it holds does not exist. It never can be supposed 
that a convention assembled for that purpose could or would by 
any inference in any line that it might adopt, recognize the right 
of secession. ? 

Now, if the gentlemen will address themselves to the task of em- 


ploying better language, less objectionable or open to the criticism — 


than that which is employed in the Declaration, to express the ideas 
which we all desire to enforce, the Committee, I am authorized to 
say, will feel gratified to this Convention if they will do it. But, 
Sir, in the limited time that was given to us from the adjournment 
on Tuesday to the meeting on Wednesday, after a night’s refiec- 
tion, after careful revision, writing and re-writing by different 
hands—the language that is found in the declaration was employ- 
ed; and I believe it is to be not only happy, but the best that can 
be employed in any reasonable time by this body. 

The relations of this State to the Federal Government can be 
constitutionally changed—will be, I trust, constitutionally chang- 
ed, and will result in saving two ages that are to come after us, I 
trust, from the destruction that now threatens our beautiful sys- 
tem of government. 

Mr. Dorsey. of Monongalia. The remarks explanatory of the 
clause in this Declaration, are to my mind sufficiently clear; and 
perhaps as they will go forth with this declaration, they may be suf- 
ficient explanation of it. I shall not therefore urge my objections. 
In fact it was a mere passing remark I made. 

The remarks, however, Mr. President, that I presume to make 
are more in reference to the relation that this document sustains 
to the other documents which have already come before the Con- 
vention, and others which they indicate will come before it, than 
in reference to the language of the declaration itself. ~This is 


eter Si. iia —2 


THE PROPLE OF NORTITWESTERN VIRGINIA IN 1861. 101 


part of a plan, a part of a systematic arrangement that is to be 
proposed for the action of this body; and in making reference to it, 
it may perhaps be well to put it in comparison with another plan 
that has been spoken of frequently, and by some members at least — 
earnestly, 

The plan proposed by the Committee is, if I understand it, first 
to declare that the offices in the State of Virginia are vacant, then 
to proceed to make arrangements for filling those offices; then to | 
proceed step by step to the other arrangements necessary for the 
reconstruction of the Government of Virginia. 

The other plan alluded to, and which was indicated, rather than 
drawn out in full in my resolutions submitted on Tuesday is to 
go as far in this other plan as 1s necessary; to call together the 
legislature of the State of Virginia, and then to submit to that 
legislature the proposition of separating Western Virginia from 
Eastern Virginia and establishing a new State Government. 

Now, the principle, you will observe, Mr. President, in each of 
these cases is the same. The principle upon which this Convention 
will act in either case is the same. The principle upon which the 
committee proposes to act is this: All power is vested in the people. 
They are the sovereigns in this Government; they have delegated 
their power, however temporarily, to certain servants. Those ser- 
vants have proven to be unprofitable servants, and now the people 
propose through the medium of their Convention to call other ser- 
vants to attend to their interests. The Legislature that may be 
eonvened for that purpose of attending to those interests, may be 
eonvened during the sitting of this Convention—consists of those 
servants. The people propose now that the interests belonging 
to them shall be put into the hands of that Legislature. The same 
principle prevails in the other proposition. We begin as they 
begin and proceeded thus far as they proceeded; but we do not 
propose that this new State organization shall continue permanent- 
ly in operation. I repeat the principle is the same in either case; 
and unless we assume that principle this Convention can do nothing 
at all—would have no authority to do anything at all. It is on that 
principle that it has been assembled; on that principle it has been 
acting, and upon that I propose to act in the future in all its de- 
liberations. 

Another matter is that the legality in either case is the same. 
I have heard much private conversation and much public discus- 


102 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


sion in regard to what the general government will recognize and 
approve. Now, Sir, the general government can recognize the one 
plan as readily as the other. The Wheeling Intelligencer has ad- 
mitted that. Gentlemen who are advocating this plan—gentle- 
men who have proposed this plan to the committee, and gentlemen 
on the committee who have been favoring it acknowledge that; 
and it is generally believed by those who understand anything 
about the views of the loyal people of the United States, and who 
can guess at the views of the Administration—it is generally be- 
lieved, if not fully understood, that the general government will 
recognize anything that Virginia shall do to keep herself in the 
Union, and at the same time preserve peace and order within her 
borders.’ Wherever there is illegality in the one plan there is in 
the other. Wherever there is an over-riding of technicalities in 
the one there is the same in the other; and I wish just here to call 
attention of those who may defend the plan that is before the con- 
vention in part—I wish to eall their attention to this point, to say, 
if they can, that the Administration will probably reject the one 
plan and receive the other. I admit indeed that there are abun- 
dant indications that the Administration would prefer the plan that 
is proposed by this committee. I see the indications in the news- 
papers, and hear them in private conversation. But are we to 
infer from that that the general government will not recognize 
our plan at all if adopted by us? The Administration has a cer- 
tain plan before it as a plan of operation. This may, if adopted, 
be made a special plan to these operations—an agent, an instru- 
ment in the hands of the Administration to accomplish its purpose 
more readily perhaps than it could without suéh a plan. That is 
admitted by the advocates of a division of the State, but we in- 
sist that the general government will also adopt our plan if we do 
not see proper to adopt the other plan. 

It is a revolutionary movement altogethér. Both plans are rev- 
olutionary; and if the General Government ean reeognize one, 
it ean the other. fF may say that I know from private conversations 
with those who know something about the views of the Administra- 
tion, that they expect us not to quibble about technicalities, not to 
be squeamish about little points of law, in our action in this con- 
vention; and if we are afraid of little points of law; if we are 
squeamish, really, about these little technacalities, it is time for 
us to: begin to tremble already. We have already done acts which 


a ee 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 103 


viewed in the lhght of formal law, are treasonable. It requires 
boldness to enter into a revolutionary project of this kind, and if 
we have it in the one case, we ought to have it in the other. When 
we have already committed a revolutionary act, we ought to con- 
sider what lies before us, in view .of our own local interests, as 
well as in view of the general interests of the country. 

Now, I ask the question, What shall decide us between these two 
plans that have been proposed? The legality cannot decide us, be- 
eause they are equally legal; and I think the gentleman who will 
advocate this plan before the Convention, will admit this—admit 
it as the Intelligencer has done. Legally, indeed? We propose to 
do something in due form of law, and yet we have already trembled 
about the forms of law, and not only that, but we propose to over- 
ride all forms of law in carrying out the plan that is now proposed 
by this committee.’ It is the understanding, though not formally 
proposed in the report of that committee, that we shall overhaul 
the Constitution of Virginia, change its provisions, make such ar- 
rangements in the change of those provisions, as will enable us 
to carry out this project of reconstructing the State Government. 
In fact, the project itself is a change of the Constitution of Vir- 
ginia as to some of its specific laws. 

Well then, shall the simple consideration of the expectation of 
the United States, and the desire of the Administration indicated 
in a variety of ways, decide us as between these two plans that are 
proposed to the members of this Convention? I[ admit. Mr. Pres’- 
dent, that there is some force in the proposition that is made. I 
admit there is some propriety in the accomplishment of the object 
which the administration propose to accomplish by the action of 
this Convention, in accepting the plan proposed and suggested by 
the committee. I can see that the design is to introduce this same 
plan in all the border States. The design is, as rapidly as the 
troops advance to establish a similar government to this proposed 
in the report’ of the committee—establish a simple government and 
eall on the local Union men of the Commonwealths in the various 
States, to rally around the government. I see it will have a mighty 
moral infiuence in the border States in which such government shall 
be established, and also on the States still further South. But then 
here I ask that the Administration shall not solicit us to do that, 
while we have local interests embarrassing us of such a character. 
If we had no complication of interests in this matter, it might be 


104 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


kind, prudent and appropriate, for the Administration to request 
us indirectly, as it has, to take such action. But, Sir, if this action 
anticipated is the desired thing®—if the effort of this new project 
upon the border States and the States South of them, is the desira- 
ble thing, I suggest that Western Virginia shall be separated from 
Eastern Virginia, and then that Eastern Virginia, as pressure is 
removed, shall enter into this enterprise, and establish a provis- 
ional government, and set the precedent the Administration de- 
sires this Convention to set. They have no local difficulties press- 
ing upon them as we have. Let them attend to that matter. And 
especially is it proper they shall do it, because it will not only not 
embarrass them in their local interests, but will greatly advantage 
them. . 

I believe the interest of Western Virginia ought to decide 
as between these two plans, and I think so especially because this 
whole movement was professedly inaugurated for its benefit. I 
remember the gentleman from Harrison justly boasted that he 
was the author of this whole movement, and he defined his design 
to be in its inauguration to separate Western from Eastern Vir- 
-ginia. Now, Sir, at that time that Convention which assembled 
on the 13th of May, did not see proper to make arrangements for 
the separation. They could not at that time decide upon the 
proper policy for that purpose. They thought the proper policy 
was to eall together a general Convention. For what purpose? 
To carry on the original design of the author of the resolutions 
that had brought them together. If so then, Sir, are we now to turn 
about and receive and adopt a plan here which will ignore the spe- 
cial interests of Western Virginia and will tend to the general in- 
terest of Virginia as a whole? I know, Sir, the anticipations of 
Western Virginians would be disappointed should we go home to 
them and they ask us ‘‘ What plan have you adopted for dividing the 
State?’? And we should throw down to them this plan of the 
Committee. I know that the constituents I have the honor in part 
to represent will be seriously disappointed. | 

Now, Sir, it seems to me that if we were in earnest, if we were 
sincere in the original movement we will take such action in the 
premises in the present Convetnion as will secure a separation of 
the State. I need not speak here, Sir, of the necessity of that project. 
I need not speak of the necessity, the dire necessity of separating 
Western from Eastern Virginia. Gentlemen here are all fully ac- 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 105 


quainted with the history of the case. They all know and appre- 
ciate that necessity. But I want to know now, Sir, if after having 
initiated a movement for the purpose of meeting the necessity we 
are to turn about and inquire the necessity which all know we 
have been making preparations to meet. The present plan, it 
seems to me, Mr. President, will not meet the exigency. It will not 
secure the division of this State. 

It is a well known fact, and I need only utter it merely to con- 
nect my remarks, that the General Government intends to whip in 
Kastern Virginia. And we all believe it will whip her in. 

_ Well, now, meanwhile, we set this projection on foot and estab- 
lish this seat of government of the State of Virginia; and when 
Eastern Virginia is whipped in she forms a part, and her citizens 
will take a hand in this government. The question then will turn 
upon who is the majority, who is in the minority. The interests of 
Eastern and Western Virginia are entirely antagonistic. There 
is an ‘‘unnatural connection’’ between them and us. They will 
of course keep us down, as they have already done, if it be possi- 
ble to for the purpose of meeting their little bills. It is very con- 
venient to have somebody for this purpose. They will burden us 
as they always have done. That they have the majority is evident 
when we remember that all the Southern portion of Western Vir- 
ginia, considering the Blue Ridge as the line, sympathizes with 
Hastern Virginia.—Their interests are the same as hers. They lie 
along the line of Tennessee and Kentucky, connected with Hastern 
Virginia by railroads. That section of the country is filled up 
with persons who emigrated from the Eastern part of the State, 
and their sympathies are all there. Unless we in Western Virginia 
are a united people, it is impossible for us to earry out this project. 
I insist that we shall not enter into a plan to put ourselves at 
the mercy of Eastern Virginia and our neighbors who symaphtize 
with her, any more, and I propose therefore that this plan shall 
proceed just so far, with the understanding that immediately as 
soon as Congress has taken action on the case, or as soon as the Ad- 
ministration has recognized this government that is propoed to be 
Set up, a separation shall be made. And I make these remarks, 
Mr. President, more for the purpose of committing this conven- 
tion to the design, than for the purpose of objecting to this plan 
of itself considered. I do not object to the legality of it, or the 
prinicple upon which it proceeds, or any formal arrangement, ex- 
cept the verbal one I mentioned. They are all legal as we can get. 


106 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


; J 
But I object that no provision has been made, specific and definite, 
for the separation of Virginia, Western from Eastern, just as soon 
as it is possible to do it, and come as near meeting the technicali- 
ties as the nature of the case will allow. 

In a word, Sir, I deem that the separation of Western Virginia 
from Eastern is the paramount object in the minds of Western 
Virginians; and I hope, Sir, indeed I believe, that that is a para- 
mount object in the minds of a majority of the members of this 
convention. What I want is, that they shall explicitly say so, in- 
form, if they choose; or, if not then, in the formal documents that 
are being successively presented by this committee; or they should 
do it in a specific resolution; or, if not in that way, they should 
say so in debate. 

Now, Sir, if this government be established as proposed in the 
report of the committee it will gain an impetus which will urge it 
’ forward, and keep urging it forward, and I want to know, Sir, 
the specific time at which this government may be arrested to the 
consideration of this proposition of a separation of Western from 
Eastern Virginia. I want a specific time, and I want to say to you, 
Sir, and to this convention today, that I shall not vote for a single 
proposition proposed by that committee—a single provision that 
shall come up before this Convention looking to the establishment 
of a provisional government, looking to the reconstruction of the 
government of Virginia, unless T ean see clearly that there is a dis- 
tinet intention in those arrangements to separate Western Virginia 
from Eastern Virginia; and I think I speak at least for a majority 
of the delegation of Monongalia in saying that they will not do 
so either, unless that ultimatum be secured by some definite action 
beforehand, or at least as I said before, committing the majority of 
this Convention in discussion. If such an indication as that may 
be made I shall, to use a familiar term, hold up both hands for 
their ordinance that has been proposed and all that shall here- 
after be proposed, looking to the accomplishment of that design. 

Mr. Van WINKLE, of Wood, followed Mr. Dorsey. ‘He took sub- 
stantially the grounds oceupied by Mr. Carlile, in favor of re-or- 
ganizing a governmént for the whole State, and in opposition to 
Mr. Dorsey, who had favored the immediate division of the State. 
In the course of his remarks he said, however: ‘‘I have been long 
eonvineed, Sir, that every interest of N. W. Virginia demands a 
separation from the Hast, and under other circumstances I believe 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 107 


such a separation ought to be effected in a friendly manner.’’ But 
he urged they could not now know where the boundaries of a new 
State could be run, and he never could consent to go and leave be- 
hind the people of those loyal counties that were not yet represented 
here in the Convention.—* Whenever the time comes [ am willing 
to do everything to effect a separation.—I admit that everything 
is in danger, still there is something lke a moral obligation, a 
pledged faith, and I cannot consider it in any other hght than that 
we are bound by this single county of Loudon, and by the other 
loyal counties now in possession of the secessionists. ”’ 

Mr. Carui.E said: ‘‘I think, Sir, that a moment’s considera- 
tion will satisfy this Convention that upon this question there is at 
least no difference of opinion between the advocates of a separation 
of this State. If I may be allowed, I can claim some eredit for 
my sincerity when I say that it has been an object for which I have 
labored at least since the year 1850. The Convention that met in 
Richmond in that year and adopted our present State Constitution 
elearly disclosed, to my mind, the utter incompatibility consistent 
with the interests of the people of Northwestern Virginia of re- 
maining in a connection with the Eastern portion of the State. 
And, Sir, the first favorable opportunity that discovered itself to 
me for effecting that separation was in the Convention that met in 
this city in May last. And I appeal to members who are present and 
who were members of that Convention to say if I did not zealously 
press that measure. Why did I do it? For the reason which I 
then stated—for the reason that now prevents me doing it. I then 
stated that we were still citizens of the United States according 
to even the theory of the disunionists; that a separation could be 
effected then by the provision of the United States Constitution pro- 
viding for it, but when the 23rd of May came and went the sun had 
set behind the hills in the evening of that day we would be trans- 
ferred according to the theory of the secessionists to another and 
different confederacy, and would be deprived of the Constitution 
of the United States, and the mode and manner in which a separa- 
tion could thereafter be effected under the authority of these Seces- 
sionists by virtue of that transfer could only be by treaty and rec- 
ognition; that although all Virginia should agree to the separation, 
yet she would have to obtain the consent of the Southern Confed- 
eracy expressed in accordance with the Constitution which she had 
adopted for its government before we could be allowed to transfer 


108 PROCEEDINGS AND -JOURNALS OF THE CONVENTIONS OF 


ourselves to what they would then call another, a different and 
hostile government.” I saw difficulties innumerable and insur- 
mountable if we did not act then. But the wisdom of that body 
thought otherwise and I gracefully, as I should, bowed to its de- 
cision. 

Now, Sir, where are we? I call the attention of my friend from 
Monongalia, and I tell him if he beats me in this race of separa- 
tion he will have to be swifter than I think he is. We have no 
legislature now. And mark you it is only by the assent of the 
legislature a separation can be effected. The people themselves 
through their representatives assembled cannot assent to a separa- 
tion. It can only be done as is provided in the Constitution of the 
United States by the assent of the Legislature of the State. Now, 
Sir, have we a Legislature? Governor Letcher would say that we 
have; and its members will be sworn to support the Constitution 
of the Southern Confederacy. Then you see we can never effect a 
separation in the manner in which we should have accomplished it. 

Now, Sir, let us pursue the policy laid down in the Declaration, 
and let us repudiate Letcher and his transfer; let us assemble a 
Legislature here, of our own, sworn to support, not the Southern 
Confederacy Constitution, but that which Washington and Mad- 
ison formed, the constitution of our fathers, under which we have 
grown and prospered, as never people grew and prospered be- 
fore. Let us maintain our position under that tree of liberty, 
‘watered by the blood and tears of the patriots of the revolution— 
planted by them, its roots having taken deep hold and firm hold in 
the hearts of a great people, and having from.a little spot on earth 
spread from the Atlantic to the Pacific, embracing, I might say, 
a continent, and spreading its branches of protection over the 
whole unbounded land. 

Let us organize a Legislature, swearing allegiance to that gov- 
ernment, and .let that Legislature be recognized by the United 
States Government, as the Legislature of Virginia. 

Then we have still a direct recognition of the protecting care 
of our ancient government, and then we will effect this separation. 
But now, with no Legislature recognized as owing allegiance to 
the Constitution of the United States, we could not do it. But with 
the Legislature recognized as still the Legislature of the State; 
with Virginia in the Union; with a Legislature recognized by the 
Government of the United States and with its assent to our sep- 


a ee 


on 


~ ie 


ne 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 109 


aration, our way is clear. If the Southern Confederacy dares to 
interpose, we have the strong arm of that same old government to 
be thrown around us, and to shelter us from harm. 

Let us then go on as we propose. Let us be recognized as 
the true and lawful authorities, speaking for and on behalf of the 
loyal peopie of the whole State of Virginia. Give us that recogni- 
tion, and then the separation will come. And I here say that one 
of the first acts I shall perform, if no one else does it—and I be- 
lieve it a duty I owe to the people who have honored me with a 
seat in Congress, will be to obtain from that body a legislative 
declaration recognizing this Legislature you will assemble here, 
as the Legislature of the State; and then let my friends, the repre- 
sentatives, assent to it, and my word for it, we will be the State 
of New Virginia. 

It is a mere question now, of whether we shall wait until we 
are solemnly recognized as the true, legal, constitutional represen- 
tatives of the people of Virginia; or whether we shall now attempt 
an impossibility—for every man who will reflect a minute, will 
know that until rebellion is crushed, no assent will be obtained 
for our separation from the rebellious portion of this State. 

But, Sir, there is another object which I have at heart. Two 
great objects influence and govern my actions. The first, I am 
free to say, the dearest, the highest, and the nearest to my heart, 
is the perpetuity of the Union. 

Keeping. forever undimmed the thirty-four stars that now -deck 
the constellation of our national ensign, adding to them as we have 
done, star after star—when that is done—when safety and perpe- 
tuity are again secured to that flag—then we can consider our 
own State interests; then we can consider the interests of our own 
immediate section of this State; but until then, we owe it to our 
loyal brothers throughout the length and breadth of this great 
land to stand by them and aid them in resisting a crime, the great- 
est that has ever been attempted to be perpetrated on humanity. 
Let us do this, succeed in this, and we will succeed in all we desire 
in a very short time. Let us bring peace again to our Loudon, 
Alexandria and Hampshire friends. Let our brothers over the 
mountains through our aid and assistance, and that of this great 
and good government of ours, again see harmony throughout the 
land; again sit around their hearthstones with their families, and 
again instill the quiet hours of peace the lessons the Father of 


110 PROCEEDINGS AND JOURNATS OF THE CONVENTIONS OF 


his Country has bequeathed to us in his farewell address. Then 
we may say to them: ‘‘ We love you still as brothers, but your in- 
terests and ways and our are diverse. Let this line be drawn be- 
tween us. We will have two separate and distinct sovereign States, 
but, brethren, we will all be American citizens!’’ 


Mr. NicHOuus, of Brooke, succeeded. He favored the plan of the 
Committee.—Among other things he said: ‘‘The people of Brooke 
feel in relation to a division of the State like my friend from Mo- 
nongalia. They feel that they have no identity of interest with 
the eastern part of the State, and have long sought to effect the 
purpose indicated by that gentleman. But we feel at the same time 
that owing obligations to the Constitution of the United States as 
the supreme law of the land, there are steps that cannot be taken 
at this preliminary stage of the proceedings. We owe constitu- 
tional obligations to the Federal Government. “Where would 
we of Western Virginia have been to-day but for the 
protection of the Federal Government. We must con- 
sider whether our acts will contravene the acts of the Fed- 
eral Government. We east off our allegiance to the Southern Con- 
federacy ; we do not care for their protection, but we do care for the 
protection of the Federal Government, and about sustaining it in 
its constitutional obligations, and we do know that it cannot ex- 
tend its arm or afford any protection to us except it treads upon 
every plank in the Ccnstitution, the great platform of our national 
liberties. The plan proposed by the committee is the only one 
which we-.can adopt at this stage of our proceedings, to insure 
recognition and continued favor with the General Government.”’ 

Mr. Dorsey wished to explain that he had not favored (as they 
all seemed to have understood him) a violent and informal separa- 
tion of the State without any intervention of any preliminaries 
whatever. Ife disclaimed any such purpose, in particulars and in 
general. JT propese to go on with the plan so far as it is necessary 
to the reassembling of the Legislature, then to propose this matter 
of dividing the State to that legislature; then submit its action to 
Congress for ratification, In acccordance with the spirit and very 
letter of the Constitution of the United States. 

Mr. Sruart, of Doddridge, differed in many respects with the 
gentlemen whe had addressed the Convention. He thought this. 
talk about the division of the State was rather out of place. We 
have loyal men from extreme portions of the State who are here 





THE J}?rkOPLE OF NORTHWESTERN VIRGINIA IN 1861. LY 


claiming our protection. He was favorable to a division of the 
State if it eculd be done by the agreement and consent of the loyal 
people of the whole State; but he never would consent to cut loose 
from our loyal friends in the east whe are helping us to aid the 
Government of the United States. He never wanted to separate 
from that part of the State that held the remains of Washington 
and Jefferson. They were here to frame a State Constitution, and 
when their brethren in the eastern portion of the State were freed 
from the rebellious reign of terror they were willing to come into 
the Government the Convention was assembled here to establish. 

Mr. Crane, of Tucker, in a brief speech assured the Convention 
that although his people occupied the Southern extreme of North- 
western Virginia, and from their position the most exposed part 
of the border, yet he was authorized to say that his people were 
not only willing tc a separation of Western from Eastern Virginia, 
but they want nothing short of a separation. He was ready, and 
his constituents were, to go in any direction, in arms or peacefully, 
for their deliverance from the bondsmen of Eastern Virginia. Nev- 
ertheless he pledged himself and his constituents to go along with 
the movement which was proposed here. It was, he believed, the 
best that could be inaugurated at this juncture. 

On motion of Mr. Lamp, the Declaration was made the order of 
the day for 11 o’clock to-morrow and thereafter each day until dis- 
posed of. 

Mr. Stuart mcved that when the Convention adjourn to-mor- 
row it be to meet on Tuesday next. Many of the members had 
come unprepared to stay for a great length of time, and it was 
necessary for them to go home to make necessary arrangements for 
a prolonged absence. 

Mr. Lame objected to the motion on the ground that if the con- 
vention adjourn till the time named the committees would have to 
suspend their labors meanwhile. 

Mr Dorsey suggested that the order of the day for next Wednes- 
day was the ordinance reported this morning by the com- 
committee. and if he understood the motion making it the order 
for Wednesday the object was to give the Convention time and op- 
portunity to discuss the declaration now before the body, and he 
thought it would occupy all the time allotted to it. He thought it 
would be improper to adjourn over. 





112 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 

The question being taken on the motion to adjourn till Tuesday, 
it was rejected. 

On motion, the Convention then adjourned. 


THE FIFTH DAY, 
SATURDAY, JUNE 15, 1861. 


The Convention met at the appointed hour, and was opened with 
prayer by Rev. S. R. Brockunier. 

The minutes of the preceding day, were read by the Secretary. 

Mr. Van WINKLE, of Wood, wished to amend the minutes b¥ cor- 
recting an expression in the Declaration before the Convention, as 
it stood recorded in the journal. The reading “‘they have attempt- 
ed to bring the allegiance of the people of the United States, into 
direct conflict, &c.’’—should read ‘‘allegiance of the people to the 
United States, &e.’’ 

The correction was made. 

Mr. VAN WINKLE resuming, said objection had been made yes- 
terday to the phraseology of the concluding portion of the second 
sentence of the first paragraph of the Declaration. On behalf of 
the committee, he was authorized to say that they had unani- 
mously agreed to obviate the objection by striking out the objec- 
tionable words as follows; ‘‘and the existing Constitution does not 
confer upon the General Assembly, the power to call a convention 
t9 alter its provisions, or to change the relations of the Common- 
wealth, without the previously expressed consent of such 
majority.’’ Also to add in the succeeding sentence, after 
the words ‘‘in February last,’’? the words: ‘‘ Without the previ- 
ously expressed consent of such majority.’’ 

Mr. CAruiIce, as Chairman of the Committee that had re-reported. 
the Declaration, asked, inasmuch as the report had not yet been 
acted on, that the corrections be made as alterations, and not as 
amendments, which was granted, and the journal was corrected 

accordingly. 

The minutes, as corrected, were then approved. 

Mr. CaruiiE asked and obtained leave to read a letter, addressed 
hy a citizen of Kanawha county to a member of the convention. 








THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 113 


The letter gave a very favorable account of the strength of the 
Union sentiment in that section. 

Mr. VAN WINKLE moved a reconsideration of the vote yesterday, 
by which the gentlemen from Loudon was refused a seat in the con- 
vention. He followed up the motion with some remarks renewing 
that gentleman’s claims. 

This proposition elicited a discussion in which several gentle- 
men took part, which was finally cut short by the moving of the 
previous question. The call for the previcus question was sus- 
tained. The question on suspending the rules to allow the recon- 
sideration of the vote, being then put, the motion to reconsider 
was rejected. } 

So the Convention still refused to admit the gentleman from 
Loudon to a seat. 

Mr. CALDWELL, of Marshall, asked and obtained leave of absence 
till Monday. 

Mr. Lame, Chairman of the Committee on Credentials, then ob- 
tained permission to say that the Committee having examined the 
eredentials of all the members present, announeeed the fact that no 
member had been admitted to a seat on this floor, who did not repre- 
sent a large and substantial vote of his county. The Committee 
paid but little attention to mere forms, hut they did act on the rule 
in regard to substantial constituencies. 

The order of the day being the Declaration of the Committee, it 
was then taken up. 


Mr. VAN WINKLE moved that the Declaration as altered, be re- 
printed for the use of the members. Adopted. 

On motion of Mr. Frost, of Jackson, the order of the day was 
passed by, and made the special order for Monday at eleven o’clock, 


and each day thereafter until disposed of. 

Mr. Fuesner, of Jackson county, submitted the following resolu- 
tion, which was appropriately referred. 

Resolved, That all levies or orders made by any county or corporation 
court in this commonwealth for the purpose of raising money for arm- 
ing, assisting or supporting the rebel army of this State or the so-called 
Southern Confederacy is a gross usurpation of power—sapping the very 
foundations of our liberties, requiring money to be levied from free citi- 


zens to support the enemies of our government in their acts of cruelty 
and butchery. 

Be it, therefore, Ordained, That all such levies or orders shall be null 
and void and shall not be collected by any of the officers of the Common- 
wealth. 


114 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


Mr, FLESHER said he offered this resolution more especially from 
having understood that the Jackson County Court had ordered a 
levy of $3,000 for the support of the rebel soldiers who have en- 
listed from that county in the service of the Southern Confederacy. 

On motion, the Convention then adjourned to Monday morning 
at, ten o’clock. . 


THE SIXTH DAY, 
MONDAY, JUNE 17, 1861. 


The Convention assembled at the appointed hour. 

The session was opened with prayer by Rev. R. V. Dodge, of 
Wheeling. 

The minutes of Saturday were read and approved. 

Mr. Hooton, of Preston, said he deemed it due to the Conven- 
tion as well as to Dr. Parsons, of Tucker, (now absent) to state 
that the reason of his absence was that he was confined to his room ° 
by indisposition, but that he was now much better and would be 
in his seat in a few days. 

The hour cf eleven not having yet arrived and there being no 
business pressing, Mr. Carlile suggested that the order of the day 
be now taken up. There being no objection the Declaration of 
Rights, which had been made the order of the day for eleven, was 
taken up and the Convention proceeded to its consideration. 

The Declaration was read by the Seeretary, after which 

Mr. Pitrpont, of Marion, said: (The speech of Mr. Pierpont 
here, has been because of its length, inserted in this work as AP- 
PENDIX A, following the Journal of the regular session of this 
Convention—V. A. L.) { 

Mr. CaruiLE followed in a few remarks, expressing the hope that 
a vote would be taken at once. | 

The question on the adeption of the Declaration was then de- 
manded. 

Mr. Dorsey called for the yeas and nays, which call was sus- 
tained, with the understanding that members now absent have an 
opportunity of recording their votes on their return to the Con- 
vention. It was further suggested and concurred in, that the publi- 
cation of the names be deferred until the full vote of the Conven- 
tion was obtained. 





ae 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 115 


Mr. Dorsey subsequently withdrew the call, to make way for a 
motion to pass the Declaration to its engrossment, prior to its be- 
ing put upon its final passage. 

The motion prevailed, and it was ordered to be engrossed on 
parchment. 

The Convention then took a recess until two o’clock. 


AFTERNOON SESSION. 


The Convention re-assembled at the appointed hour. 

Mr. CAruine, from the Committee on Business, reported an ordi- 
nance for the appointment of State officers, which was read. 

On motion of Chester D. Hubbard, it was ordered to lie on the 
table, and that the usual number of copies be printed. 

Mr. Frost, of Jackson, moved that the Declaration of Rights be 
now taken up and put upon its final passage. 

The Declaration was read by the Secretary. 

Mr. Dorsey called for the yeas and nays, with the understanding 
that as the absentees came in they be allowed to record their votes. 

The yeas and nays on the adoption of the Declaration were then 
‘taken, and resulted, yeas fifty-six, nays none. 

On motion of Mr. Cartite, Thursday next, was fixed as the day 
for the signing of this Declaration. 

Mr. CAruite remarked that this vote just taken exhibited a happy 
coincidence, and one that he hailed as an auspicious omen. ‘We 
have,’’ he said, ‘‘ Fifty-six votes recorded in favor of our Declara- 
tion, and we may remember that there were just fifty-six signers 
to the Declaration of Independence.’’ (Great applause and feeling 
throughout the Hall.) 

The Convention then adjourned. 


THE SEVENTH DAY, 
TUESDAY, JUNE 18, 1861. 


The Convention assembled at ten in the morning, and was opened 
with prayer by Rév. Wesley Smith. 

The minutes of Monday were read and approved. 

Mr. Parsons, of Tucker, took occasion to explain the cause of 


116 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


his absence, and asked to retord his vote in favor of the Declara- 
tion of Rights passed by the Convention yesterday. .A number of 
gentlemen who had come in since yesterday’s session also came for 
ward, and without exception cast their votes in its favor, among 
others, James G. West, of Wetzel county, who first took the oath 
of office, he having heretofore been detained from attending. 

Mr. Cartine, from the Committee on Business, reported the fol- 
lowing amendment to the Ordinance for the re-organization of the 
State Government: In the 36th line to strike out all after the word 
‘‘appointed,’’ and insert: ‘‘by the Governor, he shall at onee fill 
the vacancy without writ, but if such officer be appointed otherwise 
than by the Governor, or by election, the writ shall be issued and 
‘directed to the other appointing power requiring it to fill the va- 
eancy.’’ 

The amendment was adopted. 

Mr. Carntce, from the Committee on Business, reported the fol- 


lowing resolution, with a recommendation that it pass: 


Whereas, The great and lesser seals of the Commonwealth are in pos- 
session of the late Executive of the State, and whereas it is necessary 
for the dispatch of public business, that seals should be provided, there- 
fore, 

Resolved, That a commitice of five persons be appointed to procure a 
great and lesser seal for the Commonwealth, that shall correspond with 
the great and lesser seals, respectively, now in possession of the late Hix- 
ecutive of the State, with the addition on each seal on obverse and re- 
verse sides, of these words, “Liberty and Union.”’ 


The resolution was adopted. 

The following gentlemen were appointed the committee provided 
for in the resolution: John S. Carlile, of Harrison; D. D. T. Farns- 
worth, of Upshur; E. H. Caldwell, of Marshall; H. H. Withers, of 
Gilmer; Chas. B. 'Waggener, of Mason. 

Mr. Carnie, from the same Committee, also reported the follow- 


ing: 


ORDINANCE TO AUTHORIZE THE APPREHENDING OF SUSPICIOUS 
PERSONS IN TIME OF WAR. 


The People of Virginia, by their Delegates assembled in Convention at 
Wheeling, do ordain that the Sixth and Seventh Sections of the Seven- 
teenth chapter of the Code of Virginia be amended and re-enacted to read 
as follows: 

The Governor may cause to be apprehended and secured, or may com- 
pel to depart from this State, all suspicious subjects or citizens of any 
foreign State or power at war with the United States. 

And whereas, The Convention at Richmond have declared the union be- 
tween the State of Virginia and the other States, under the Constitution 


of the United States, to be dissolved; and have attempted to transfer the © 


allegiance of the People of this State to an illegal confederacy of rebel- 


f 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. TF 


lious States, called the Confederate States of America; claiming that the 
State of Virginia and the said Confederate States are rightfully and in 
fact foreign States or powers in reference to the United States: Now, 
therefore, all persons in this Commonwealth adhering to and supporting 
the said Convention at Richmone, or the said Confederate States: or pro- 
fessing to owe allegiance or obedience to the same, shall be deemed, (for 
the purposes of this Ordinance only,) subjects or citizens of a foreign 
State or power at war with the United States. 

The Governor may send for the person and papers of any such person, 
within this State, in order to obtain information to enable him to act 
in such cases. 

Any warrant or order of the Governor under this Ordiiance may b? 
directed to any Sheriff or other officer, civil or military, and shall be ex- 
ecuted according to the terms thereof by such officer, who shall have all 
the powers necessary for the purpose, either in or out of his county or 
corporation. 

2. Ir the Governor shall have just cause to believe that any persons 
in this State, claiming to be subjects or citizens of the said Confederate 
States, or adhering to and supporting the said Convention or the said 
Confederate States, or professing to owe allegiance or obediencce to the 
same, are about to assemble together, or have assembled together, for 
the purpose of drilling or receiving military instruction, or to organize 
themselves as a military force, or to attempt any military operation, or 
do any act which may endanger the safety or welfare of the good people 
of this Commonwealth or any portion of the same; he may cause such 
assemblage to be prevented or dispersed, and the persons who may be 
about to assemble or have assembled as aforesaid, to be apprehended 
and secured, or may compel them to depart from this State; and for 
this purpose he may issue his warrant or order directed to any Sheriff 
or other officer civil! or military, which warrant or order shall be exe- 
cuted as aforesaid, and any assemblage of two or more persons for any 
purpose inimical to the government of the United States, or of this State as 
organized by this Convention, shall be deemed an unlawful assemblage, 
and the persons so offending may be proceeded against and punished as 
provided in chapter 195 of the Code of Virginia. 

3. If any’ Sheriff or other person shall transmit or pay any money, 
or any check, draft, bill, or order, note or certificate for the payment of 
money, to any officer or other person at Richmond or elsewhere, for the 
use of the said Confederate States, or of the illegal State Government 
at Richmond, now waging war against the United States; or shall fur- 
nish any money, arms, military equipments or ammunitions of war, 
or other aid or support, to the said Confederate States, or State Govern- 
ment, or to any miliitary force under the control or direction of the 
same, or to any person or persons about to join any such military force; 
the Governor may cause to be apprehended and secured, or may cause 
to depart from this State, the Sheriff or other person guilty of such 
offence, and for this purpose may issue his warrant or order and cause 
the same to be executed as hereinbefore provided. 


4. This Ordinance shall take eftect from its passage, and may be 
altered or repealed by the General Assembly. 


Mr. Fursuer, of Jackson, moved that the ordinance be laid on 
the table, and the usual number printed, which motion was 
adopted. 

Mr. Carine, from the same Committee, reported another ordi- 
nance as follows: 


118 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


AN ORDINANCE FIXING THE COMPENSATION OF CERTAIN 
OFFICERS THEREIN MENTIONED. 


1. The People of Virginia, by their Delegates assembled in Conven- 
tion at Wheeling, do ordain that the compensation of the several officers 
herein mentioned shall be as follows: 

Of the Governor, at the rate of three thousand dollars per annum; 

Of the Secretary of the Commonwealth, at the rate of fifteen hundred 
dollars per annum; 

Oi the Auditor of Public Accounts, at the rate of two thousand dol- 
lars per annum; 

Of the Treasurer, at the rate of fifteen hundred dollars per annum; 

Of the President of the Senate, the Speaker of the House of Dele- 
gates, and the President of this Convention, eight dollars to each for 
every day’s attendance; 

Of the other members of the Senate, House of Delegates, and of this 
Convention, four dollars to each one for every day’s attendance; but 
no person shall receive compensation for the same day both as a mem- 
ber of this Convention and of the Legislature; 

Of the Secretary of this Convention, eight dollars for each day’s at- 
tendance, out of which he is to pay his assistant; 

Of the Sergeant-at-Arms attending this Convention, and the Sergeant- 
at-Arms for the Legislature, four dollars for each day’s attendance; 
and one dollar and fifty cents per day for each door keeper and police 
officer employed, and fifty cents per day for each of the pages. 

2. The Secretary of the Commonwealth, Auditor of Public Accounts 
and Treasurer, shall once at least in every quarter, submit to the Gov- 
ernor their several accounts for office expenses, including printing, sta- 
tionery, blank books, fuel and other things necessary for the transac- 
tion of their officiai business; which accounts when approved by the 
Governor, and such approval certified in writing, shall be allowed and 
paid. All expenses incurred by the Governor in transaction of his offi- 
cial business shall be submitted to the Auditor of Public Accounts, in 
the same manner as other claims against the State. 

3. The members of the Senate and House of Delegates shall be al- 
lowed mileage at the rate of ten cents for every mile of necessary 
travel, to be computed by the nearest and most direct route from their 
several residences to the city of Wheeling. 

4. This Ordinance shall take eftect from its passage, and may be 
altered or repealed by the General Assembly. 


On motion of Mr. NicHous, of Brooke, the ordinance was ordered 
to be laid on the table and printed. 


Mr. Farnswortu, of Upshur, offered the following resolution : 


Resolved, That one of the great objects of this Convention reorgan- 
izing the State Government, is that we may place the same in a posi- 
tion of legality to the United States, in order that we may soon be able 
by Constitutional legislation to separate ourselves from our oppressors 
in Eastern Virginia and be admitted a new and separate State in the 
glorious union of States. 


Mr. Farnswortu explained that his object in introducing this 
resolution was to show to the people by an authorized expression of 
the Convention that it intended to take such steps as would create a 
new State, and to show the object in taking the steps the Conven- 
tion was now taking. 

Mr. CaLpwELL thought the resolution a proper one and that it 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 119 


was at once a courtesy and due to the Federal Government that 
something like this indicated in this resolution should be commu- 
nicated to the President of the United States and his Cabinet, as 
an expression of the views and intentions of this Convention. 

Mr. Frost moved the reference of the resolution to the Commit- 
tee on Business. He had no objection to the resolution or the spirit 
of it. It seemed to him that every step yet taken contemplated the 
separation of the State. | 

Mr. Dorsey said it was well known that he had been advocating 
this new State movement as earnestly as he knew how, but after 
mature consideration of the subject, and after having had several 
resolutions like the one under consideration submitted to his con- 
sideration in private, he had come to the conclusion that it would 
be exceedingly inappropriate for this Convention at the present 
time in the present stage of its proceedings to pass such a resolu- 
tion, since ‘‘by doing so we are anticipating,’’ said he, ‘‘the future 
action of the Legislature of Virginia, as well as of this Convention. 
This is not the proper time to make a proposition or a division of 
the State. We have all agreed upon that matter in private conver- 
sation, and the public discussion that have been had upon this sub- 
ject. It does seem to me that if we desire a division of the State, 
the proper method to be pursued would be to proceed with the 
business now in hand, and when the State government is fully or- 
ganized, then such propositions as this may be submitted. This 
announcement may seem to be incongruous with my former posi- 
tion. I think, however, the plan T proposed looked to just such an 
arrangement. After deliberating on the course I proposed my- 
self, and, that proposed by this resolution, I have thought it would 
be exceedingly imprudent to urge this matter at the present time. 
I hope my friend from Upshur will see proper to withdraw that 
resolution. He knows that I am an unyielding advocate for the 
division of the State, and I assure him, as I assure the Convention, 
that I shall not be satisfied as an individual, until that shall be 
accomplished. ’’ 

Mr. Nicos, of Brooke, said that he understood the object of 
the resolution to be to’give to our constituents at home, some evi- 
dence of the tone of the sentiment of this Convention, touching this 
question of a division of the State. He thought the remarks made 
in the discussion on that very subject, and which had gone forth 
in the public prints, ought to give abundant assurance to them of 


120 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


what the sentiment here was upon that subject . He agreed with 
his friend from Monongalia, that the Convention should not at this 
time take any hasty steps, touching that matter. Still, if the gen- 
tleman from Upshur should persist, he would favor the reference of 
the resolution to the proper committee, that they might deliberately 
weigh it, and report before they take any action on the resolution. 

Mr Caruine supposed his friend from Upshur was not present 
the other day when this matter was discussed on the proposition 
of the gentleman from Monongalia. ‘‘So far as I know, we all agree 
with him in desiring a division of the State, but how is it to be 
done? It can be done only by virtue of a provision of the Constitu- 
tution of the U. S., and how can that be had now? ‘That provision 
makes it necessary for us to obtain the assent of the Legislature 
of the State, and where is the Legislature, recognized as such, 
that can give its assent? It is no longer under the protection, or 
entitled to the provision, of the Constitution of the United States. 
It is now out of our power to effect a separation, if every man, wo- 
man and child in the State should give their consent. There is no 
Legislature yet that acknowledges its fealty to the Constitution of 
the United States. Therefore, what we desire is simply an impossi- 
bility at this time. If it be our purpose to divide the State at some 
future time—and it certainly is my purpose—we are taking the 
only course in which it can be accomplished. Once get the govern- 
ment which we propose to organize here acknowledged by the Fed- 
eral Government as the government of Virginia, and then you 
have a Legislature that can constitutionally assent to this separa- 
tion. Now you have it not. Even if the Legislature that acknowl- 
edges its allegiance to the Southern Confederacy were to give its 
assent it would not be worth a piece of blank paper. The soil and 
people of Virginia are to all intents and purposes, so far as her 
State authorities are concerned, transferred to the Confederate 
States, and that so-called Confederacy can only consent to the 
transferrence of any portion of the soil of that so-called Confeder- 
acy, to a power with whom they can treat. Now, Sir, the Federal 
Government and the loyal people of Virginia do not acknowledge 
that transfer. This rebellion must be crushed out, or it must be 
successful, and a treaty had between it and the United States, ac- 
knowledging its independence, before they can enter into any treaty. 

But the method we are pursuing is the easiest, the only practi- 
cable mode by which the objects we have at heart can ever be ac- 


a 


— 


THE PEOPLE oF NORTHWESTERN VIRGINIA IN 1861. 12k 


complished, and such declarations as are contained in this resolu- 
tion, do nothing in the world but throw obstacles and embarrass- 
ments in the way of accomplishing this separation. 

The great question now foremost in the minds of all is the pres- 
ervation of our Union and the perpetuity of the Federal Govern- 
ment. So long as our efforts are directed to this we have the sym- 
pathy of the twenty millions of loyal people who sympathize with 
us. Therefore it being impossible to accomplish our object now, 
a persistence must tend only to array against us an influence 
against our recognition of the Government. 

And, Sir, where is the great bulk of the bonds of this $49,000.- 
000 of public debt? It is held in the great centre of capital, New 
York. If the holders were to suppose that a recognition of us, as 
a separate State, would diminish their securities, possibly their 
_ interests might come in conflict with their patriotism, and we would 
have the influence of this lobby at Washington against our recog- 
nition. Now, Sir, let us from this time forward say nothing more 
upon this subject. . Let us wait until we are recognized as part and 
parcel of the United States, and as the lawful authorities of Vir- 
einia. 

I regret that we have to postpone this subject of a separation 
for an hour, but high above all else, is the perpetuity of the Union. 
What would a separation be worth—what would an admission as a 
new State into the Union be worth, if that Union should hereafter 
be destroyed? let us then direct all our energies solely at this 
hour, more especially to preserving and maintaining the govern- 
ment.’’ 

Mr. VAN WINELFE said the public expectation in the ‘Western 
counties had been turned to this Convention, as if its only business 
were to separate Eastern from Western Virginia. It had been the 
predeminant expectation up to, and even since, the assembling of 
the Convention. ‘‘But, we come here, and we find that it is neces- 
sary for us to take an entire different course of action. That course 
we are progressing with. There can be no doubt as to the propriety 
ef re-organizing a government for the whole State. I saw and 
spoke of the difficulties in the way of a division of the State, from 
our geographical position and other cireumstances—as [you] gen- 
tlemen will remember. But is it not due to the constituents of 
many of the members, that there should be some authorized, expres- 
sion by the Convention on this subject, exhibiting the reasons that 


122 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


induced us to abandon a course which, it was supposed, we were 
about to adopt, and to explain to them that their representatives 
have yielded to a necessity in postponing their views? In my opin- 
ion, if it had been practicable, for other reasons, to have made the 
separation, there is nothing in all this constitutional provision 
to have hindered us for a moment.”’ | 

Mr. CARUILE said if their constituents at home should see by the 
discussions in this body, the reasons that have influenced their rep- 
resentatives to postpone their wishes, then they would be satisfied 
with the same reasons that satisfied their representatives. He was 
sure he had no constituents more anxious for the time to arrive 
for a separation than he was. When they should see the gentle- 
man from Monongalia representing a county where the vote was 
taken on this subject, and which gave 801 votes in favor of a di- 
vision of the State, and coming from a constituency representing 
such views—when they see him yielding to the necessity which all 
feel, will not they be satisfied without an official report from a com- 
mittee of this body? 

Mr. Burprerr had no objection to the resolution. ‘‘The world 
knows we are looking ulteriorly to a division of this State-—Wall 
street will know it despite all your efforts to cover it up. The lobby 
interest will be in Washington just the same, and you will have to 
fight that anyhow.’’ He did not think that any serious obstacle 
would then be thrown in the way. He did object, however, to the 
reporting of every little resolution reported here, to the President 
of the United States. He and his cabinet had enough more im- 
portant business to engross them. A better plan would be, at the 
conclusion of the labors of this Convention, to send them a copy 
of its journals. | 





Mr. CaRuILe suggested that if this resolution was to be pressed, 
a special committee should be raised, and that it be referred to 
them. | 

Mr. Frost said the object of the resolution was simply to get an 
official expression from the Convention. He knew the people ex- 
pected some authoritative expression of the opinions and views of 
this Convention. The course of the Convention, however, a recon- 
struction of the State government, was the only practical move- 
ment that could be made in the premises. He would withdraw his 
motion, and move that a special committee of five be raised, to 
whom the resolution should be referred. He suggested that the 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. £28 


committee thus raised should prepare an address to the people of 
Virginia. 

Mr. CARLILE said, that as they were now assuming to act for the 
Union men of the whole State, those men in many parts of the State 
would be embarrassed by such action, as we are here proposing, 
looking to a separation from them. The argument would be em- 
ployed against them, that they were acknowledging the authority 
of a State government which looked to the dismemberment of the 
State. 

Mr. Frost said he was not in favor of a separation of the State, 
unless it were necessary. He hoped they might never be driven to 
that result. 

Mr. Dorsey, of Monongalia, moved that the resolution lie upon 
the table. He withdrew the motion, however, to make way for his 
colleague, Mr. Snider, who obtained leave tod read the following 
resolution : 


Resolved, That the geographical position and business and social re- 
lations of Western Virginia, are such, that her vital interests demand a 
division of the State; that the proper time to make such demand will be 
when Virginia has a legally constituted Legislature; and that then we 
will use our utmost endeavors to consummate that division. 


Mr. Sniper declared that he was uncompromisingly for a division 
of the State, and nineteen-twentieths of the constituency he rep- 
resented were equally so. 

Mr. Barns, of Marion, also read a resolution (it being out of 
order to submit it,) as follows: 


Resolved, That it is inexpedient at this time to take into consideration 
the subject of a division of the State. 


Mr. Huppard said that the case before the people of the North- 
west, was no longer one of choice, or even preference, but had be- 
come a matter of duty. ‘‘We are not here to create a State, but to 
save one; not here to create a government, but to help save a gov- 
ernment. Let us go forward in the great work, and not higgle about 
what our taxes will be hereafter, or questions of that character. 
Let us save this government, let us save Virginia, and then save 
the Union; for the banner we are lifting up here, will be the banner 
for the salvation of the country. As the arms of the government 
go forward and rescue our State from revolution, w2 must save 
what they gain. I hope we shall say nothing more now about the 
division of the State; our first and highest object is to perpetuate 
the Union and the government, and the next to rescue and save 
Virginia. If we find in the future that we cannot remain in the 


124 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


State, and that we can do better to separate, I shall be as willing 
as any other man. I believe this movement will not stop with Vir- 
ginia, but will spread all over the seceded States, as they are de- 
iivered from the military despotism that now rules them. Let us 
not fall short of our duty in this hour or hesitate in the course 
which is before us, as true men. Let us go forward as Virginia 
in the Union.’’ 

Mr. Niciuouis followed in some remarks. He said when they had 
come to discuss grave constitutional questions which cover this 
whole subject of separation, they saw that at this time—there was 
no member of the Cenvention but what saw—that there is a con- 
stitutional barrier in the way of this Convetnion meeting the first 
wish of their people for a separation of the State. That question 
was settled in the minds of the members of this Convention. When 
the Government shall have been. rescued from anarchy and destruc- 
tion, perhaps the causes of which they complained in the Hast, might 
be removed, and the necessity for the separation have disappeared. 

Mr. Farnswortn said that in offering the resolutions he merely 
wanted the people to know by some expression of the Convention 
that we were in earnest. when we said to them before we left our 
homes that we would go for a division of the State at, the proper 
time. ‘‘I know it is out of their power to understand the will of the 
Convention as we understand it without an expression of some 
kind. The resolution does not contemplate for a moment to create 
a new State at this time, but only to let the people know why it is 
that we are re-organizing the State government for the whole State 
--and Mr. President, if we are afraid to show our hands to the 
people we represent, our cause must be a poor one.’’ Nevertheless 
he would withdraw the resolution as he found serious objection was 
made to it. 

Mr. Vance, of Harrison, hoped he would not withdraw it. His 
people, he said, were in favor of an immediate division of the State. 
They had sent him there to assist in accomplishing that purpose. 
But thev did not all understand how.it was to be done. Some 
thought the Convention could do it; but it could not be done with- 
out the consent of the Legislature. When the Legislature should 
meet it was his desire, and that of his constituents, to divide the 
State, and he would then use every effort to accomplsh what they 
desire. He hoped the motion to he cn the table would be voted 
down, and the resolution would take the direction indicated by 
the gentleman from Jackson. 





———— ’ 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 125 


Mr. Tarr regretted very much to see the course the debate had 
taken. The first inquiry should be, have we a State Government? 
*“Tf not, let us first procure the endorsement of the Federal Govern- 
ment and then provide the ways and means for a division of the 
State. Many gentlemen who have seats here, represent counties ly- 
Ing along the borders of Maryland, which are very desirous of be- 
ing connected with Western Virginia. Perhaps in the division of 
the State we will secure the counties bordering on Maryland. It 
may be that we should attach ourselves to the State of Maryland. 
We all know that our territory is smail—that the taxes that may 
be collected from it will be barely sufficient to cover our ordinary 
expenses. If we should add to this the portion of the State debt 
which we would be bound in fairness to pay, it will make our taxes 
burdensome.—But, Sir, I have reason to know that the Federal Gov- 
ernment is entirely opposed to any division of the State, and I think 
there is no gentleman on the floor of this Convention who can as- 
sure me from any authority whatever, that the Federal Government 
will recognize any division at all—Are we so strong that we shall 
dictate our terms to the Federal Government? Or must we not 
rather act in obedience to their wishes. And I submit to my friends 
who are in favor of this precipitate action, that this motion now be 
laid on the table; but before that proposition is submitted to a 
vote, I move, for the purpose of having some opportunity to can- 
vass this question, that the Convention take a recess till two 
o’clock.’’ 

Mr. CaruiteE—‘ Will my -friend from Brooke withdraw the 
motion for a recess for a moment?’’ 

Mr. Tarr—‘ Certainly.’’ } 

Mr. Carume then announced that the Convention had been in- 
vited to visit the soldiers and officers at Bellaire, and witness a dress 
parade, during the evening, and that Mr. Ford, the Agent cf the 
B. & O. R. R., had kindly provided a special train for their accom- 
modation, and that, as the train would start at half past three, he 
suggested that the Convention, when it adjourn, should adjourn 
till to-morrow. 

Mr. Caruiue continued: ‘‘In relation to this thing of dividing, I 
find that even I, who first started the little stone down the moun- 
tain, have now to apply the rubbers to other gentlemen who have 
outrun me in the race, to check their impetuosity. Those who know 
what I have done in behalf of this movement, and would do now, 
if practicable, know that it is from no lack of sympathy with their 


126 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


desire, that I am now drawing the brakes. I believe I know the 
people of Harrison county, and of all the counties of Northwestern 
Virginia, for in some capacity I have served them nearly all, ex- 
cept these Panhandle counties—and they know just as well as 
we do, and have probably found it out a little in advance of us, 
that at this time a division of the State cannot be effected, for the 
reason which they see in the Constitution of the United States, 
that it is only through it, and by virtue of its provisions, that a di- 
vision ean be had. They know another thing, too, that a separation 
is worth nothing without the perpetuity of the Government to 
which we desire to attach ourselves, and that they must first ad- 
dress themselves to maintaining the Government.’’ 

Mr. VANcE: ‘‘We are perfectly aware, and so are the people, 
that the first object is to maintain the government and secure its 


perpetuity; but the resolution does not contemplate that the State 


be divided unil that be accomplished. “What we want is to show 
that this is the ulterior object.’’ 

Mr. CaruiueE: ‘‘I do not think it necessary to declare that J am 
of the same opinion that I was thirty, or sixty, or ninety days ago. 
When I change my views on this subject, then I shall take occasion 
to announce them in the proper way. But why, at this time, when 
we are surrounded by most embarrassing circumstances, add to our 


embarrassments? Why ereate obstacles? Why build up barriers: 


that may not eccme in our way if we but take proper time for ac- 
tion? The truth should always be spoken when we speak at all. 
But the whole truth should not always be spoken. There are times 
when men should keep their mouths closed. (What if we do contem- 
plate a division of the State, would it forward that object to pro- 
mulgate the declaration in a special and authorative manner? 

In an hour like this when the question is: Shall we save the 
State; when we are particularly helpless to save it ourselves; when 
the very Government itself has by this rebellion been bankrupted ; 
when it is engaged in this death struggle to maintain its own exist- 
ence, and when we have come here to-aid, if we can, this effort of 
the Government in this struggle,—why should we now be discussing 
that which is utterly impossible and which more belongs to days of 
peace than to the hours of war? That is the question to put to 
ourselves., If we could divide the State to-day, who would desire 
to do so under existing circumstances. In a short time the power 
of this Government may be established. Then we may be acknowl- 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 12t 


edged as the Government of Virginia; then we can provide for that 
which is essential to our interest. If peace is to be banished for 
long years from our borders, what does it matter whether we are 
separated from the East or not? Separation is to enable us to pro- 
mote our interests in time of peace. Separation in time of war 
amounts to nothing. 

There is no man within the limits of this State that is more 
thoroughly convinced than I am and have been for long years, of 
the necessity of this separation. There is no power on earth that 
ean prevent it. But it cannot take place now, and we are but em- 
barrassing our movements, which must first be addressed to the 
perpetuity of the government and the maintenance of our free in- 
stitutions before we can act on what is and must be a secondary 
consideration. I do. trust this discussion which has occupied so 
much of our time will be allowed to wait till the time comes for 
action.—‘ Sufficient unto the day is the evil thereof.’ 

And now, Sir, with a Southern army advancing upon us in two 
eclumns, we know not how soon we may have to close our doors 
and discussions here, and seek safety elsewhere; when we are striv- 
ing now to resist this atkempt at transferring us to a rebellious goy- 
ernment. shall we be distracted with issues of secondary import- 
ance, as all must admit this question of a separation to be at this 
hour?’’ 

The question ‘‘Shall the main question be put?’’ having been 
decided in the affirmative the main question ‘‘Shall the resolution 
he on the table?’’ was then put. 

Mr. VANcE demanded the yeas and nays. The question being 
then taken by yeas and nays resulted as follows: 


Yras:—Jno. H. Atkinson, Jno. S. Barns, J. J. Brown, George W. Broski, 
H. W. Crothers, Wm. L. Crawford, Jno. S. Carlile, W. B. Crane, J. T. 
Close, James Carskadon, W. H. Copley, D. B. Dorsey, O. D. Downey, James 
P. Ferrell, A. Flesher, S. S. Fleming, E. T. Graham, P. M. Hale, George 
Harrison, C. D. Hubbard, H. Hagans, Charles Hooton, Jno. Howard, Jno. 
Hawxhurst,"T. H. Logan, Daniel Lamb, J. A. J. Lightburn, John Love, 
Henry S. Martin, E. E. Mason, Thos. Morris, Jno. D. Nicholls, Henry New- 
man, Geo. McC. Porter, D. Polsley, J. W. Paxton, S. S. Parsons, A. F. 
Ritchie, T. A. Roberts, J. F. Scott, Remembrance Swan, B. F. Shuttle- 
worth, Campbell Tarr, J. H. Trout, P. G. Van Winkle, James G. West, 
H. H. Withers, Jas. W. Williamson, W. B. Zinn, Mr. President, (A. I. 
Boreman)—51. 

Nays:—Wnm. J. Boreman, Ralph I. Berkshire, Jno. S. Burdett, W. W. 
Brumfield, BE. H. Caldwell, W. H. Douglass, James Evans, D. D. T. Farns- 
worth, Richard Fast, Daniel Frost, Leroy Kramer, Reuben Martin, Wim. 
Price, C. W. Smith, J. H. Shuttleworth, Jos. Snider, Jno. C. Vance—17. 

Apsenr:—-Lot Bowen, James I. Barrick, Samuel Crane, L. E. Davidson, 
John J. Davis, Jas. A. Foley, Jos. Gist, Albert Laidley, John W. Moss, 


128 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


Jno. Michael, F.. H. Pierpont, ‘Wm. Ratcliffe, Fontain Smith, J. L. Smith, 
Chapman J. Stuart, Nath. F. Taft, S. B. Todd, Lewis Wetzel, And. Wilson, 
C. B. Waggener, Jay. O. Watson, Jas. A. Williamson—21. 


So the resolution was laid on the table. 
GEORGE Harrison, of Ohio, offered the following resolutions 
which were unanimously adopted: 


Whereas, It has pleased the God of Nations and of Battles, in His in- 
scrutable wisdom, to remove from our midst in these our days of peril 
and trial, the distinguished Senator of Illinois, Stephen A. Douglas, 
whose patriotic devotion and principles have endeared his memory to 
our hearts, and whose loss we deplore and regard as a national calam- 
ity. Be it, therefore, by the people of Virginia, in solemn Convention 
assembled: 

Resolved, That this Convention has Heard with feelings of the deep- 
est sorrow and regret of the recent demise of the patriotic and distin- 
guished Senator of Illinois, Stephen A. Douglas—a man who, when our 
present unhappy troubles commenced, regardless of party predilections, 
stood among the first and foremost in defence of the laws and Constitu- 
tion of this great Union, thereby still further gaining our love and ad- 
miration. 

2. That we sincerely sympathize with the widow and children of the 
deceased Senator under their severe affliction, and as a testimonial of 
our regard and esteem, that these resolutions be entered on the minutes 
of the proceedings, and a copy, signed by the President and Secretary 
of this Convention, be forwarded to the family. 


On motion, the Convention then adjourned. 


THE EIGHTH DAY. 
WEDNESDAY, JUNE 19, 1861. 


The Convention assembled at the usual hour, and was opened 
with prayer by Rev. J. T. McLure of this city. 

The minutes of the preceding day were read and adopted. 

The reports of Committees were called for. There being none to 
ofter, 

Mr. CALDWELL, of Marshall, suggested that as there were several 
members present this morning who had been absent at the time 
the vote was taken on the Declaration or Rights, an opportunity 
be afforded them to record their votes. 

The several gentlemen reterred to announced their votes without 
exception in favor of the adoption of the Declaration. 

Mr. VANCE, of Harrison, arose to a privileged question. He de- 
sired to call the attention of the Convention to the character of the 
report of yesterday’s proceedings of this Convention in the Intelli- 
gencer of this morning. The report in some portions was meager 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 129 


and unsatisfactory. If the reporter attempts to report anything 
here he should report it correctly or not at all. They would find 
in the report that the remarks made by gentlemen in favor of the 
motion offered by the gentleman from Upshur, but partially and 
incorrectly reported. On the other hand, the remarks of the gentle- 
men who spoke in opposition to the adoption of the motion are re- 
ported fully and correctly. This was calculated to leave a wrong 
impression on the minds of those who read the printed report, and 
were not present in the Convention. This was a species of partial- 
ity which should not be exhibited by any reporter; and, if this 
partiality was to be shown here and in this way the sooner the peo- 
ple know it the better. From the remarks of gentlemen as reported 
it would seem that the members advocating the resolution were at- 
tempting to embarrass the Convention, and the report does not re- 
Neve them from that imputation. 

“*T now say to the reporter, that he will either report me correctly 
or not at all. I do not particularly desire to be reported. I did not 
come here to make speeches, but for the good of my people; but I 
do hope hereafter that if he attempts to report anything at all he 
will report it correctly. 

I would just say that the gentleman from Upshur gave many very 
good reasons in support of his resolution, and they were not no- 
ticed at all. Speeches of certain gentlemen were not noticed at all, 
while those of others were given almost word for word.’’ 

Mr. CaruiLe asked that the order of the day be taken up. 

The order of the day, being the Ordinance for the Reorganization 
of the State government, was taken up. 

Mr. CarviLe-wished to amend the third section by striking out in 


6. To this criticism. of Mr. Vance, Mr. Archibald W. Campbell made editorial 
reply, as follows: 

“Mr. Vance, of Harrison, yesterday called. the attention of the Convention to the 
fact that the debates, as reported in the Intelligencer were not full; and, as he 


@said, were partial. He made the point against us that those who were opposed to 


Mr. Farnsworth’s resolution, or rather those who were in favor of laying it on the 
table were reported much more at length than those who were not. | 

Mr. Vance is probably under the impression that we are publishing an official 
report of the debates, under pay from the Convention. If so, we beg to undeceive 
him. We are under no obligations to publish a word of the debates. Our reports 
are our private enterprise, wndertaken at our own suggestion, and at our own ex- 
pense. We are at liberty just to publish or omit as we please, or condense or ab- 
breviate just as our space compels us. We publish our reports as full as we can, 
and where we caunot, we make that which is valuable and interesting take preced- 
ence over that which is not. It is simply a physical impossibility for us to publish 
verbatim reports. though w2 usually take them verbatim. We, therefore, con- 
tent ourselves with such a summary as will be most interesting to the public, and 
afford them the best information of what transpires. 

On the point concerning Mr. Farnsworth’s resolution, we have this to say: If 


we had consulted our own desires, we should just have reversed the fullness of our 


report, for we were very sorry to see that resolution zg0 to the table, being well 
persuaded that it ought to have gone to a special committee, as was desired, by the 


mover. ; 
With these remarks, we trust that we have satisfied the criticlsm of Mr. Vance.” 


130 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


the sentence beginning in the eleventh line, after the word “‘ offices, ’’ 
the word ‘‘for’’ and insert, ‘‘from the passage of this ordinance un- 
til the end of.’’ 

The amendment was concurred in. 

Mr. CALDWELL moved that the ordinance be taken up and voted 
on section by section which was agreed to. 

The Secretary read the first section. 

Mr. VAN WINKLE moved to amend the section, by inserting in 
the third line. after the word ‘‘office,’’ the words ‘‘for six months 
or;’’ and by adding at the end of the section the words ‘‘and the 
General Assembly is hereby required to provide by law for the 
election of Governor and Lieutenant Governor, by the people, as 
soon as in their judgment such election can be properly held.’’ 

The amendments were concurred in, and the section passed. 

The second section was read. fe 

Mr. Hooron enquired if any provision for the compensation of 
the members of the Council created by this section, was made. He 
moved that the word ‘‘five’’ before the word ‘‘members ;’’ be strick- 
en out in the first line of the section, and the word ‘‘three’’ in- 
serted instead. 

Mr. CARuLILE hoped the gentleman would withdraw that motion. 
He thought five ncne too many, and hoped dollars and cents would 
not be allowed to deprive the governor of assistance so much need- 
ed. He continued at some length, to urge the necessity of retaining 
that number. | 

Mr. Hooron consented to withdraw his motion. 

Mr. Burperr moved that the section be amended by provid- 
ing ‘‘that such council ex officio shall constitute a board of public 
works.’’ He subsequently withdrew the motion at the request of 
other members. 


The second section was then passed, and the third section read. . 


Mr. Frost moved to recur to the first section and amend it by 
inserting the words ‘‘ Attorney-General,’’ after the words Lieu- 
tenant Governor. The amendment was agreed to and the section 
was so amended, also the amendment in which the same words 
occur. 

Mr. VAN WINKLE inquired what would be the effect of adopt- 
ing these amendments in this manner. Had they not better re- 
solve themselves into a committee of the whole, in order that 


> ~~ F 


THE PrOPLE oF NORTHWESTERN VIRGINIA IN 1861. TH 


after all the amendments were adopted, the whole ordinance as 
such could be adopted. 

Tue Cuair stated if they proceeded to amend each section by 
general consent, as they were doing, without adopting them sep- 
arately, the vote could then, when the amendments were com- 
pleted, be taken on it as a whole. 

The Secretary ‘re-read the third section, and there being no 
amendments proposed it was passed and the fourth was read. 

Mr. CRAwForbD, of Hancock, moved to strike out in the 20th line 
the word ‘‘vclunteers’’ and insert the words ‘‘officers and privates 
of volunteer companies.’’ 

The amendment was concurred in. 

Mr. West moved to amend by adding after the word ‘‘duties’’ 
in the 22d line the words, ‘‘provided, however, that any person 


having voted for the ordinance of secession shall be ineligible to 


hold any post of office or honor, public or private, civil or mili- 
tary, in this State during the existence of hostilities by the seced- 
ing States against the general government of the United States of 
America. ’’ 

Mr. Lamps objected to the amendment.. 

A lengthy discussion followed, Mr. West and his colleague, Mr. 
Martin, advocating the proposition, and Messrs. Carlile, Flesher, 
Pierpont, Berkshire, Johnson of Preston, Roberts and others op- 
posing. 

The previous question was finally called by Mr. Vance. 

The main question, being on the adoption of the amendment of 
Mr. West, having been ordered to be put. 

Mr. West demanded the yeas and nays. The demand was sus- 
tained, and the yeas and nays being taken resulted as follows: 

Yreas:—Messrs. Brumfield, Close, Douglas, Harrison, Hawxhurst, Reu- 
ben Martin, Mason, C. W. Smith, West, and Jas. W. Williamson—10. 

Nays:—Messrs. Atkinson, W. J. Boreman, Bowen, Barns, Berkshire, 
Brown, Burdett, Broski, Barrick, Crothers, Crawford, Carlile, W. B. 
Crane, S. Crane, Caldwell. Carskadon, Copley, Dorsey, Davidson, Downey, 
Evans, Ferrell, Farnsworth, Mlesher, Fast, Frost, Fleming, Graham, Hale, 
Hubbard, Hagans, Hooton, Howard, Johnson, Kramer, Logan, Lamb, 
Lighthurn. Love, H. &. Martin, Moss, Morris, Nicholls, Newman, Porter, 
Pierpont. Polsley, Price, Paxton, Parsons, Ritchie, Roberts, F. Smith, J. 
H. Shuttleworth, Scott. Snider, Swan, B. F. Shuttleworth, Tarr, Trout, 
Vance, Van Winkle, Withers, Wetzcl, Wilson, Waggener, Zinn, Mr. Presi- 


dent, (A. I. Boreman)—66. 
ABSENT:—Messrs. Davis, Foley, Gist, Laidley, Michael, Ratcliffe, J. L. 
Smith, Stuart, Taft, Todd, Watson, and Jas. A. Williamson—12. 


So the amendment was rejected. 


132 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


Mr. CALDWELL made a proposition to amend the 20th line of 
the same section, but afterwards withdrew it. 

The 5th section was read. 

Mr. Boreman, of Tyler, proposed to insert, in the 30th line, 
after the word ‘‘do,’’ the words ‘‘or adhere to the Convention as- 
sembled at Richmond on the 13th of February, 1861, by the former 
Executive of this Commonwealth.’’ He, however, after an extended 
discussion, in-which a strong opposition was elicited, withdrew the 
amendment. 

The question upon the adoption of the entire ordinance, as 
amended, was then ordered. 

Mr. Lamp ealled for the yeas and nays, but afterwards with- 
drew the eall. 

Mr. Crane, of Tucker, wished to inquire if it had been ascer- 
tained. that the Federal Government would sustain the action the 
Convention was taking. He did not propose to shrink from his 
part, but merely wished to suggest the inquiry. 

After a good deal of general discussion as to the propriety of 
taking the vote before an adjournment, and as to filling the blank 
in the ordinance naming the time at which the Legislature should 
be convened, the Chair having stated that the vote could be taken 
and the blank filled afterwards, the question on the adoption of 
the ordinance as a whole was taken by yeas and nays, and resulted 
as follows: 


YrEAS:—Messrs. Atkinson, Boreman, Bowen, Barns, Berkshire, Brown, 
Burdett, Brumfield, Broski, Barrick, Crothers, Crawford, Carlile, W\. B. 
Crane, S. Crane, Close, Caldwell, Carskadon, Copley, Dorsey, Douglas, 
Davidson, Downey, Evans, Ferrell, Farnsworth, Fast, Flesher, Fleming, 
Frost, Graham, Hale, Harrison, Hagans, Hooton, Howard, Hawxhurst, 
Johnson, Kramer, Lamb, Lightburn, Love, Henry S. Martin, Reuben Mar- 
tin, Logan, Moss, Mason, Morris, Nicholls, Newman, Porter, Pierpont, 
Polsley, Price. Paxton, Parsons, Ritchie, Roberts, Fontain Smith, C. W. 
Smith, J. H. Shuttleworth, Scott, Snider, Swan, B. F. Shuttleworth, Tarr, 
Trout. Van Winkle, West, Withers, Wetzel, Jas. W. Williamson, Wilson, 
Waggener, Zinn, Mr. President, (A. I. Boreman)—76. 

Nays:—WNone. 

ABSENT:—Messrs. Davis, Koley, Gist, Hubbard, Laidley, Michael, Rat- 
cliffe, J. L. Smith, Stuart, Taft, Todd, Vance, Watson and James A. Wil- 
liamson—14. 


THe Cuatr stated that those now absent could have an oppor- 
tunity of recording their vote at any time when they might come 
in. 

The Convention then took a recess until 3 o0’clock, P. M. 


THE Prope oF NORTHWESTERN VIRGINIA IN 1861. 133 


AFTERNOON SESSION. 


The Convention re-assembled at three. 

Mr. Moss asked to have his name recorded in favor of the 
Ordinance adopted in the morning session. 

Mr. VANCE moved to proceed at once to the election of Gover- 
nor, the Convention being now authorized to take that step. 

Mr. CARLILE suggested that the blank in the ordinance should 
first be filled. He proposed to fill it by inserting the ‘‘1st day of 
July next,’’ which was agreed to. 

Mr. Vance renewed his motion, and supported it with some 
remarks. 

Mr. Carine suggested to-morrow at eleven o’clock as affording 
a little time for considering so important a matter. 

Mr. Evans reminded him that to-morrow at that hour was the 
time set apart for the signing of the Declaration of Rights. He 
moved to amend by substituting to-morrow at 2 o’eclock, which 
was finally agreed to. 


Mr. Porter offered the following: 


Resolved, That we recommend the immediate organization of volun- 
teer companies in every county represented in this Convention, to sup- 
port the State Government as organized by this Convention. 


The resolution was, after some discussion; put upon its passage, 
and was adopted. 

On motion of Mr. Caruie, the second ordinance, to authorize 
the apprehending of suspicious persons, &¢., was taken up, and 
the first, sécond, third, fourth and fifth sections passed, after cor- 
recting a few typographical errors. 

Mr. Husparp, of Ohio, asked to have his vote recorded in favor 
of the adoption of the first ordinance, having been absent at the 
time the vote was taken. 

The sixth section was read. 

Mr. Harrison, of Ohio, moved to recur to the fifth section, and 
amend by inserting in the 18th line, after the word ‘‘same,’’ the 
words, ‘‘or refusing to ackonwledge the acts of this Convention 
us legal.’’ 

The propositicn provoked a good deal of discussion, and the ques- 
tion being taken on it, it was rejected. 

Mr. Dorsry then moved to amend the sixth section by adding 
the words ‘‘and if such person be an officer of this Common- 
wealth, his office shall be declared vacant, and shall be filled ac- 
cording to the law in that case made and provided.” 


134 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


The proposition was discussed at considerable length; the ques- - 
tion was taken on its adoptiong and it was rejected. 

Mr. VAN WINKLE offered the following amendment to the same 
section, and it was agreed to: To insert in the 34th line, after the 
word ‘‘secure,’’ the words ‘‘for trial as for misdemeanor.”’ 

Mr. JoHNSON, of Wetzel, moved that the same words be inserted 
in the first lmne of the first section after the word ‘‘secured,’’ but 
afterwards withdrew the motion. | 

Mr. CaruiLe with the concurrence of the committee, proposed 
this additional section which was adopted: 

Sec. 7. ‘‘That the powers vested in the Governor by this or- 
dinance shall only be exercised upon satisfactory evidence and 
with the concurrence of a majority of his council.’’ 

The question having called on the adoption of the entire ordi- 
nance, 

Mr. VANCE denied the power of the Convetnion to pass such an 
ordinance. He did not want to make such a star chamber of this 
Convention as had been done at Richmond. It was a matter that 
belonged entirely to the Legislature, and should be left for its 
action. If this Convention was to do all the legislating for the 
State there was no need of a Legislature at all. 

Mr. Lampe said, in reply to the objections of the gentleman from 
Harrison, that by the action of the May Convention, the people 
had authorized this Convention ‘‘to devise such measures and take 
such action’’ as the safety and welfare of the people they repre- 
sent might demand. That was their authority, and they all knew 
that the exigencies of the times did demand that they should take 
this action. 

Mr. BurpEerr remarked that in revolutionary times like these, 
they could not and must not be bound down to the strict letter of 
laws and constitutions. For his part, he meant to take his part 
of the responsibility. 

The yeas and nays having been demanded, the question on 
the adoption of the ordinance was then taken, and resulted as 
follows: 


YEAS:—Messrs Atkinson W. J. Boreman, Bowen, Barns, Berkshire, 
Brown, Burdett, Broski, Barrick, Brumfield, Crawford, Carlile, W. B. 
Crane, S. Crane, Close, Caldwell, Carskadon, Copley, Dorsey, Davidson, 
Douglass, Downey, Evans, Ferrell, Farnsworth, Flesher, Fast, Fleming, 
Frost, Gist. Graham, Hale, Harrison, Hubbard, Hagans, Hooton, Howard, 
Hawxhurst. Johnson, Kramer, Logan, Lamb, Lightburn, Love, R. Martin, 
H. S Martin, Moss, Mason, Morris. Newman, Porter, Pierpont, Polsley, 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. Lop 


Price, Paxton, Ritchie, Roberts, F. Smith, C. W. Smith, J. H. Shuittle- 


worth, Scott, Snider, J. L. Sinith, Swan, Stuart, B. F. Shuttleworth, Trout, 
Van Winkle, Withers, West, Wetzel, Wilson, Waggener, and Zinn—74. 
Nays:—Messrs. Vance, J. W. Williamson, Mr. President, (A. I. Bore- 
man)--—53. 
ABSENT:—Messrs. Crothers, Davis, Foley, Michael, Nicholls, Parsons, 
Ratcliffe, Taft, Tarr, Todd and Watson—1I1. 


Mr. Poustey moved to reconsider the vote by which the first 
ordinance had been adopted, for the purpose of offering a substi- 
tute for the fourth section; which substitute he read as follows: 

‘All officers except members of the Legislature, elected on the 
23d of May, 1861, now in the service of the State, or of any coun- 
ty, city, or town thereof, including the Judges and Clerks. of the 
several courts, Sheriffs, Commissioners of the Revenue, Justices 
of the Peace, Constables, officers of city and municipal corpora- 
tions, and the officers of the militia volunteer eompanies of the 
State, not mustered into the service of the United States, shall be 
vacated on or after the ——— day of , or so soon thereafter as 
their successors shall be elected or appointed, and qualified; and 
the Governor, Lieut. Governor, Attorney-General and members of 
the Legislature, and all the aforesaid officers, and all other officers 
eivil or military, hereafter to be elected or appointed, as well as 
privates of volunteer companies, shall each take the following 
vath or affirmation, before proceeding to the discharge of their 
several duties.’ 

This motion was opposed strongly by Messrs. Carlile, Pierpont, 
Lightburn and others, and after a good deal of debate, Mr. Pols- 
ley withdrew it. 

At the suggestion of Mr. Caruine, the names of Albert Laidley 
and James D. Williamson were stricken from the roll—the 
former having declined to take the oath and returned home for 
instructions, and the latter not having made his appearance, and 
hence as Mr. Carlile explained, neither being at present members 
of the Convention properly on the list of names. 

On motion, the Convention adjourned. 





THE NINTH DAY. 
THURSDAY, JUNE 20, 1861. 


‘The Convention met at the usual hour and was opened with 
prayer by Rev. David Hervey. 


136 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


The minutes of the preceding day were read and approved. 
JAMES O. Watson, of Marion, who was in the Convention for 
the first time, came forward and took the oath of office. 


Mr. Lame offered the following resolution which was adopted: 


Resolved, That the Secretary of this Convention be instructed to pro- 
cure a suitable book for the recording of the Ordinances of this Con- 
vention, the record to be equivalent to the enrollment of said Ordinance. 


Mr. Carte offered the following as additional to the resolu- 
tion submitted by Mr. Lamb, which was adopted: 


Resolved, That all Ordinances passed by this Convention shall be re- 
committed to the Committee on Business, for revision and correction 
and when reported back to the Conventions as revised and corrected, 
they shall be recorded as provided in the foregoing resolution. 


Mr. Dorsty offered the following: 


Resolved, Thats the Committee on Business, be and are hereby in- 
structed to report to the Convention, an Ordinance declaring vacant the 
offices of all office holders in the Commonwealth, who voted for the Ordi- 
nance of Secession passed by the Richmond Convention, which assembled 
on the 18th of February last. 


Mr. Crane, of Tucker, moved to amend the resolution by strik- 
ing out the word ‘‘report,’’ and inserting “‘enquire into the ex- 
pedieney of reporting.’’ 

Mr. Dorsty accepted the amendment but subsequently with- 
drew the acceptance. | 

Mr. CRANE insisted on the amendment. 


Mr. Lame arose to a privileged question. He presented the 
credentials of Henry ©. Moore and Duncan M’Laughlin, repre- 
sentatives from Webster county. On his motion the credentials 
were referred to the Committee on Credentials. 

Mr. CRANE then proceeded to support his amendment in some 
remarks. He thought the resolution would not touch many of the’ 
eases arrived at, if the resolution merely instructed the committee 
to vacate the offices of those who voted for the ordinance. There 
were many persons who did not vote for the ordinance of seces- 
sion, who now held offices, and were yet secessionists of the worst 
stamp, and for these men the resolution did not provide. He 
thought it would be better to wait a short time, when peace might 
be restored, and the secession forces now terrorizing over the peo- 
ple, driven out of the country, than to take this kind of action 
now. He thought the resolution looked a little vindictive. In 
his county, and he doubted not elsewhere, many strong Union men 
were compelled to vote for the ordinance, who were now as heart- 
ily in favor of supporting this movement here and the United 


Lard 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 13% 


States Government as any member on this floor, and as soon as 
they could be relieved from the presence of the secession soldiery 
they would make that support effective. This resolution would 
not be just he thought, to these men. He hoped the Convention 
would simply authorize the committee to enquire into the expe- 
dienecy of declaring the offices of such persons vacant. 

Mr. Dorsry said the resolution was intended to meet a case 
not met by any of the ordinances yet adopted. There might be 
many who voted for the ordinance of secessinon that would be 
willing to take the oath prescribed in one of the ordinances of 
this Convention, but for his part he would not be willing to take 
the oath of any of them. He denied that such were sound Union 
men. If they had been they would not have signed the ordinance. 
They were not as good Union men as he was; for he would not 
have voted for that ordinance at the point of the sword and bay- 
onet. If they had been good Union men they would not have 
even looked sideways at that ordinance. As to the objection that 
the resolution did not provide for all the cases that needed cor- 
rection, he thought that no reason why they should not provide 
for any of them. He believed that those who would be left in 
office, unless this resolution or its equivalent should be adopted, 
would give them a great deal of trouble. He wanted the offices 
to be in the hands of good Union men whom they could trust, so 
there would be no danger of having the authority exercised 
against the new State government in times of war. 

Mr. /Wisst said he felt proud that he had the honor to inaugu- 
rate this move in a resolution he had offered yesterday, although 
that resolution was then voted down ard although the gentle- 
man who now offered this resolution, was one of those who 
opposed its adoption, yet he was nct prepared now to make 
any distinction between his proposition and the one now made. 
The only difference between the two propositions was, that this 
one was more stringent than his own—and stringency was the 
ground on which objection to it had been founded. His resolu- 
tion only provided that such parties as were therein named, should 
be debarred from holding office during hostilities—This one made 
that provision without limitation. He would vote for the gentle- 
man’s resolution in any shape, though it be ever so stringent. He 
was glad to see that since yesterday there were indications that 
‘the Convention was waking up to the importance of arresting 


138 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


those parties who had given evidence of their disloyalty to the 
United States Government and the Government of Virginia now 
being re-organized here. For his part, he would shoulder the re- 
sponsibility of such a course. He in part represented a people 
who it had been proclaimed in Richmond as a disunion people. 
He wanted to restore the reputation of that people, and relieve 
them from the false and odious charge. He would stand up for 
the people who had sent him here, if he should have to die for it, 
and he intended the world to know that Wetzel county was not re- 
presented in this Convention by Leonard S. Hall. ee yo 
suppressed by the Chair.) 

He came here under the threat that he would lose his scalp if 
he did so. He hadn’t lost it yet, and did not feel very much ter- 
rified about the probability of doing so.—In his county, which gave 
a Union majority of 700 against the ordinance of secession, all 
the officers. were secessionists.—They held all the machinery of 
the county government, and used their prerogative for the pur- 
pose of annoying and insulting loyal citizens. He insisted that 
such a condition of things ought to be corrected. He wanted the 
gentleman to urge the adoption of the resolution, and he would 
support him in doing so. 

The hour of eleven having arrived, 

Mr. CArLILE demanded the order of the day be taken up. 

Mr. CRANE moved to suspend the rule in order to postpone the 
special order until half past eleven. The motion was lost, and 
the order of the day being the signing of the Declaration of 
Rights, it was taken up. 


Mr. VAN WINKLE then offered the following resolution : 

Resolved, That the mode of signing the Declaration shall be as fol- 
lows: It shall first be signed by the President in his place, and then by 
the smembers of the Convention in the order of their Counties as re- 
ported by the Committee on Credentials. The Secretary shall call the 
name first of the Senator, then of the Delegate or Delegates to the Gen- 
eral Assembly and then of the Delegates to the Convention from each 
county. The person called shall then advance to the table sign his 
name and return to his seat-—all the other members of the Convention 
remaining seated until their names are called. 


The resolution was adopted. 

The Declaration, engrossed on parchment was then brought for- 
ward and was signed by all the members present—eighty-three— 
in accordance with the resolution. 

Tue CuHarr.stated that the members now absent could have an 
opportunity of signing it on their return. On motion of Mr.’ 


ee 


THE PEOPLE oF NORTHWESTERN VIRGINIA IN 1861. 139 


Van Winkle, the Secretary was then instructed, after all the mem- 
bers shall have signed the declaration, to certify to the signing, 
and affix his own signature. 

The Convention then took a recess until two o’clock. 

AFTERNOON SESSION. 

Convenetion re-assembled at 2 o’clock P. M. , 

Mr. Fuxsuer, of Jackson, obtained leave to read the following 
paragraph from the Virginia Chronicle, a paper published in his 
county, relating to the fact which he stated a day or two since 


when he submitted his resolution, that the Court of that county 


had voted $3,000 to be raised by a levy to support Secession sol- 
diery. 
THE STATE LEVY. 
If there is anything in all the acts of the Secessionists of the 


| county which is calculated more than another to arouse the in- 


dignation of the people it is the infamous act of last Monday, 
perpetrated by the Secession Magistrates of Jackson county. 
The Magistrates, certainly without due consideration, voted to 
tax the people of Jackson county $3000 for the support of Se- 
cession soldiers and their families. 

Mr. Turner, Prosecuting Attorney, sanctioned the act, and 
said the Court was bound by ny, consideration of loyalty and 
duty to do it. 

He had read the paragraph, he said, with a view of calling the 
attention of the Committee to the subject. Certainly, something 
ought to be done to prevent such levies. 

Mr. Lamps, from the Committee on Credentials, reported that 
the Committee had exarined the credentials of Henry C. Moore, 
and find him the duly accredited delegate from the election dis- 
trict comprising Webster and part of Nicholas and Braxton coun- 


- ties. He moved that Mr. Moore’s name be entered on the roll. 


Jt was done, and that gentleman came forward and took the oath 
of office. 

THE CHarir stated that the first business before the Convention, 
was the election of a Governor, Lieutenant-Governor, Attorney- 
General and Council, as provided in one of the ordinances adopted.” 


7. On the evening of June 19th, the members of the Convention held a caucus, 
with closed doors, at their room in the Custom House, and unanimously nominated 
Francis H. Pierpont of Marion county, as their candidate for Governor; Daniel 
Polsley of Mason county, for Lieutenant-Governor; James S. Wheat of Ohio county, 
for Atiorney-General; and for members of the Council of State, William Lazier of 
Monongalia county; Daniel Lamb and James W. Paxton of Ohio county; Peter G. 
Van Winkle, of Wood county: and William A. Harrison, of Harrison county. The 
election of these olficers the next day——June 20th—was therefore, but a mere mat- 
ter of form. See the Daily Intelligencer of Wheeling, June 20, 1861. 


140  PRocrEDINGS AND JOURNALS OF THE CONVENTIONS OF 


Mr. Lamp—‘‘I desire, Mr. President, to present to the Conven- 


tion for the office of Governor, the name of Francis H. Pierpont, 
of Marion. Mr. Pierpont needs no eulogium at my hands. He is 
- well known to all of us. He is known throughout this country as 
having been one of the ablest, the most decided and indefatiga- 
ble advocates of our cause from the very start.—We all know that 
heart and soul he is with us. 

Should it be the pleasure of the Coaventine to elect Mr. Pier- 
pont, I trust we will all recollect that we, too, have a duty to per- 
form in this matter. It will be necessary for us to secure, if it be 
possible, the hearty and united co-operation of the people in the 
support of our Governor. All may depend upon this; the execu- 
tion of every measure which we here initiate, may depend upon 
the prompt, efficient and decided support which we may be able 
to secure from the people to the acts of that officer. ; 

It is necessary that we should rise to the magnitude of the oc- 
easion. We are at war. There is war in the midst of us—war all 
around us; and the measures which were sufficient to secure our 
quiet and tranquillity in times of peace, will not answer in the 


great exigencies that are upon us. This movement here—this. 


great movement for the support of the Union—may become, in- 
stead of a success, a by-word and a reproach, unless we are prepar- 
ed not merely to elect a man to the office of Governor, but to*give 
him a decided and efficient support when he occupies the office.’’ 

There being no more nominations offered, the roll was called, 
and aiter the result was ascertained tke President announced that 
Mr. Pierpont received seventy-seven votes (all that were present, ) 
and was therefore elected Governor of the State of Virginia. (Ap- 
plause. ) 

Mr, CARLILE said that as it was desirable that the officers to be 
elected should take the oath of office at once, the committee to 
whom was entrusted the revision of the ordinance containing that 
oath had thought proper to present it at this time that, as re- 


vised, it might be acted on by the Convention. He read it as fol- 


lows: - 
OATH OF OFFICE. 


I solemly swear (or affirm) that I will support the Constitution of 
the United States and the laws made in pursuance thereof, as the su- 
preme law of the land anything in the Constitution and Laws of the 
State of Virginia or in the Ordinances of the Convention which assem- 
bled in Richmond on the 18th day of February last, to the contrary 


a 


THe PEOPLE OF NORTE WESTERN VIRGINIA IN 1861. T4t 


notwithstanding, and that I will uphold and defend the Government 
of Virginia as vindicated and restored by the Convention which as- 
sembled in Wheeling on the iith day of June, 1861. 


The revision was accepted by the Convention. 
THe CHarir stated that the next business in order was the elec- 


tion of a Lieutenant-Governor. 


Mr. Moss.—‘‘I rise for the purpose of nominating before this 
Convention ior the office of Lieutenant-Governor, the name of 


- Daniel Polsley, of Mason. 


ee AS ee, ae ey ee ee ee Se ee ee ae 


ho = ee. ow 


=" 





Mr. PousLEy is so well known to most of the members of 
this Convention that it would be a work of supererogation if I 
were to pronounce before this body an extended eulogy on his 
private character and his qualifications for this important posi- 
tion. Those who are acquainted with Mr. Polsley know him to 
be a gentleman of courteous manner, of high intelligence, of sound 
sterling judgment, and of strong practical common sense. Such 
qualifications, Sir, as I advert to certainly should not be disregard- 


‘ed by this Convention. ~ 


In addition to that I would say that Mr. Polsley has never been 
in public life; that he has never been what we call a politician ; 
and therefore, Sir, is not conversant with the tricks and wiles of 
that class of public men. . In my judgment, Sir, this is an addi- 


*tiona! reason why his claims to this office should meet with the 


favorable consideration of this Convention. 

Upon all the great questions of the day, Sir, Mr. Polsley is 
firm and uncompromising; and, Sir, I know his character will 
justify me in saying, come weal or come woe, he will ever be 
found in the front rank fighting for the Constitution and the 
Union. ’’ 

The roll was called and the result having been ascertained, the 
President announced that Daniel Polsley had received seventy- 
six votes, and was therefore elected Lievttenant-Governor of the 
State of Virginia. | 

Mr. Dorsey moved that the election of Attorney-General be 
postponed until Saturday next. 

Mr. CALDWELL objected. He said it was well understood that 
Col. Jas. S. Wheat of this city, was a candidate before the Conven- 
tion. For his part he was prepared to give that gentleman a hearty 
support. 

Mr. Dorsry explained that it was at the request of the friends 
of that gentleman he had made the motion. 


142 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 
\ 


Mr. Lame said he felt assured he could convince the gentleman 
from Marshall that there were good and proper reasons for post- 
ponement. 

The election for Attorney-General was postponed. 

THE CHAR: The next business is the election of a Council to the 
Governor. 

Mr. Dorszy: ‘‘I nominate for that position P. G. Van Winkle, 
of Wood; Wm. A. Harrison, of Harrison; Wm. Lazier, of Mo- 
nongalia, and Daniel Lamb and James W. Paxton, of Ohio. 

I need utter no eulogy on these gentlemen. They are all well 
known to this Convention as calm, clear-headed, judicious men; 
just such men as we want in this position.’’ 

The roll was called, and Mr. Van Winkle received 73 votes; Mr. 
Lamb, 73; Mr. Harrison, 72;. Mr. Lazier, 73; Mr. Paxton, 70; 
EK. H. Caldwell, of Marshall, 1; and Andrew Wilson, of 
Ohio,°2. 


8 BEGINNING OF THE RESTORED GOVERNMENT—MEBETING OF THE GEN- 
. ERAL ASSEMBLY THEREUNDER. 


With the election of the Governor, Lieutenant-Governor, and the members of 
the Council of State, the Executive branch of the new Gitate Government, was: 
fairly inaugurated. . At five o’clock that evening, the new Stave officials, together 
with nearly all the members of the Convention, crossed over to “Camp Carlile” 
on Wheeling Island, where they were received by six hundret& sovdiers on dress 
Parade, under the command of Captain George R. Latham. Two cannons were 
fired in quick succession, the echoes of which fairly shook the neighboring hills 
on both sides of the Ohio river. Gavernor Pierpont appointed Nathan Wilkin- 
son, Auditor of Public Accounts; and Samuel P. Hildreth, Treasurer of the Com- 
monwealth. Six days previously—June 22d—he had issued a proclamation con- 
vening the General Assembly in extra session at Wheeling on the ist day of 
July, 1861. In accordance with this, that body convened on that date, and was in 
session until the 26th of that menth. Eleven Senators were present, and forty-nine 
members of the House of Delegates representing forty-eight counties were in at- 
tendance. Daniel Polsley, Lieutenant-Governor, and ex-officio President of the 
Senate, presided over the deliberations of that body, in which William W. Lewis 
was clerk; Jesse S. Wheat, Sergeant-at-Arms; D. V. Thorp, Door-keeper, and 
Alexander Campbell, page. In the House of Delegates, Daniel Frost of Jackson 
County was elected Speaker. Gibson Lamb Cranmer was elected Clerk; Evans 
D. Fogle, Sergeant-at-Arms. James O. Hawley, First Door-xeeper; and James 
Musgrave, Second Door-keeper. 

At 7:00 P M on the evening of the first day, both branches recerved the mes- 
sage of Governor Pierpont and five thousand copies were ordered printed. In 
this the Governor said: 

‘T regret that I cannot cengratulate you on the peace and prosperity tof the! 
country, in the manner which has been customary with Executives, both State 
and Federal. For the present, those happy days which as a nation, we have so 
long enjoyed, and that prosperity which has smiled upon us, as upon no other 
nation, are departed. We are passing through a period of gioom and darkness 
in our Countrys history. but we must not despair. There is a just God who 
‘rides upon the whirlwird and directs the storm.’ Let us look to Him with 
abiding confidence. You have met, gentlemen, in the midst or Civil War, but 
I trust you may yet be assembled under happier auspices, when the strife shall be 
over and peace and prosperity be restored to this once happy country.” 

Accompanying this message were his correspondence with President Lincoln, 
together with letters received by him from Simon Cameron, Secretary of War, 
and Caleb B. Smith, Secretary of the Interior, all showing recognition of the 
movement to restore Civil. Government to Western Virginia. 

On July 9th, the £Llection of State Officers was the joint order of the day. 
For Secretary of the Commonwealth, William Bb. Zinn nominated Lucian A. Hagans 
of Preston County: John W. Moss nominated George Loomis of Wood County; 
tL. E. Davidson nominated Ellery R. Hall, of Taylor County. Hagans was elected 
on the first baliot. , Ait 

For Auditor of Public Accounts, Samuel Crane and Nathan Wilkinson were placed 
in nomination, Crane was elected on the first ballot. 





THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 143 


H) 


Tae CHAIR announceed the election of Messrs. Van ‘Winkle, 
Lamb, Harrison, Lazier and Paxton as members of the Council to 
the Governor of Virginia. 

THE CHair announcced the next business in order as being the 
resolution of the gentleman from Monongalia, and the question 
on its adoption. 

Mr. CARLILE wished to postpone for the present the considera- 
tion of the resolution. He moved that the Governor-elect be in- 
formed of his election at once; and if convé@nient the oath be now 
administered to him. It was important that he should be in- 
stalled in office. A proclamation ought to go forth in the morn- 
‘ng’s paper if practicable, providing for a special election for the 


4 Senatorial Districts, and Uouse of Delegates in those counties 
where vacancies exist, and a special messenger be sent to those 
counties. 


The suggestion was adopted, and Messrs. Carlile and Lamb,. 
| were appointed a Committee to notify Mr. Pierpont of his 
, election. 

The Committee retired, and after a time, returned, accompanied 
by the Governor, whose appearance was greeted with a round 
of applause, which was joined in by the outsiders. 

He ascended the Speaker’s stand, and, after being introduced 
by the President, spoke as follows: 


For Treasurer of the Commonwealth, Fontain Smith nominated Campbell Tarr 
of Brooke County: James W. Trout nominated Samuel P. Hildreth, of Ohio County. 
Tarr was elected on the frst ballot. 

Another joint order for the same day was the Election of United States Sena- 
tors. At 2:00 FP. M. the Assembly proceeded by joint ballot to erect a succes- 
sor to R. M. T. llunter, UU. 8. Senator from Virginia, who resigned his seat in that 
body, and Johr S. Cariile of Harrison County, was elected without opposition. 
Then followed tte election of a successor to fill the unexpired term of James M. 
. Mason, who iike Hunter, had resigned his seat after Virginia adoptea the Ordl- 
: nance of Secession. H. W. Crothers nominated Daniel Lamb, or Ohio County ; 
Lewis Rrffner nominated Peter G. Van Winkle, of Wood County; and Leroy 
Kramer nominated Waitman T. Willey, of Monongalia County. Willey was elected 
on the first tallot. 

On Julv 24th the Con:mittee to examine the bonds of pubstc officers, reported 
that Samuel Crane, Auditor of Public Accounts, had executed a bond July 9, 1861, 
for $20,000.00, conéitioned according to law, with Chapman J. Stuart, of Dodd- 
ridge County, James Burley, of Marshall County, and Wm. Ratcliffe, of Wayne 
County, as securities therein, which had been approved by the Governor. That 
Campbell Tarr, Treasurer of the Commonwealth, had executed a bond JUlLye 0; 
1861, in the penalty of $50,000.00 conditioned according to law, with Wm. T. 
Hammcnd. Nathaniel Wells and Joseph Applegate, as securities therein, which 
had not as yet heen appreved by the Governor. That Lucian A. Hagans, Secretary 
of the Commonwealth, had executed a bond, dated July 12, for $5,000.00, condi- 
tioned according to law, with Harrison Hagans, Wm. Hagans and Wm. Frey, as 
securities therein and approved hy the Governor. 

Thus was comnpleted the organization of the Restored Government of Virginia. 
its origin and its operation form the most remarkable chapter in; the) history of 
the governments of the individual American States. With the General Assembly 
adjourned, it remained for the Second Convention of the People of Northwestern 
Virginia to re-assemble in Adjourned Session, and prepare the way for the division 
of the State and the formation of West Virginia.—vV. A. L. 


Se Ce Son ee 


- neil 


144 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


SPEECH OF THE GOVERNOR-ELECT. 


““Gentlemen of the Convention: 

I return to you my sincere thanks for this mark of your con- 
‘fidence in placing me in the most critical and trying position in 
which any man could be placed at the present time. 

This day and this event mark a period in the history of con- 
stitutional liberty. They mark a period in American history. 
For more than three-4uarters of a century our government has 
proceeded, in all the States and in all the territories, upon which 
our fathers erected it—namely: upon the intelligence of the 
people; and that in the people resides all power, and that from 
them all power must emanate. 

A new doctrine has been introduced by those who are at the 
head of the revolution in our Southern States—that the people 
are not the source of all power. Those promulgating this doc- 
trine have tried to divide the people into two classes; one they 
call the laboring class, the other the capital class. They have 
for several years been industriously propagating the idea that the 
capital of the country ought to represent the legislation of the 
country, and guide it and direct it: maintaining that it is dan- 
gerous for the labor of the country to enter into the legislation 
ef the country. This, gentlemen, is the principle that has char- 
acterized the revolution that has been inaugurated in the South; 
they maintain that those who are to have the privilege of vot- 
me ought to be of the educated class, and that the legislation 
ought not to be represented by the laboring classes. 

We in Western Virginia, and, as I suppose in the whole of 
Virginia, adopted the great doctrine of the fathers of the Repub- 
lie that in the people resides all power; and that embraced all 
people. This revolution has been inaugurated with a view of 
making a distinction upon the principles that I have indicated. 
We of Western Virginia have not been consulted upon that sub- 
ject. The large body of your citizens in the eastern part of the 
State have not been consulted upon that subject. 

American institutions lie near to the heart of the masses of 
the people, ail over this country, from one end of it to the other, 
though not as nearly perhaps in Louisiana, Georgia and Texas, as 
in some of the Western and Northern States. 

This idea has been covertly advanced only in portions of Vir- 


THE PROPLE OF NORTHWESTERN VIRGINIA IN 1861. 145 


ginia. She has stcod firm by the doctrines of the fathers of the 
Revolution up to within a very short period. . Its propagators 
have attempted to foree it upon us by terror and at the point 
of the bayonet. We have been driven into the position we 
aecupy to-day, by the usurpers at the South, who have inaugu- 
rated this war upon the soil of Virginia, and have made it the 
great Crimea ‘of this contest. We, representing the loyal citizens 
of Virginia, have been bound to assume the position we have 
assumed to-day, for the protection of ourselves, our wives, our 
ehildren, and our proverty. We, I repeat, have been driven to 
assume this position; and now we are but recurring to the great 
fundamental principle of our fathers, that to the loyal people of 
a State, belongs the law-making power of that State. The loyal 
people are entitled to the government and governmental authority 
of the State. And, feliow-citizens, it is the assumption of that 
authority upon which we are now about to enter. 

It will be for us by firmness, and by prudence, by wisdom, by 
discretion, in all our acts, to inaugurate every step we take for 
the purpose of restoring law and order to this ancient Common- 
wealth; to mark well our steps, and to implore the divine wisdom 
and direction of Him that ruleth above, who has every hair of 
our heads numbered, and who suffereth not a sparrow to fall 
unnoticed to the ground, and His guidance and direction in en- 
abling us to carry cut the great work we have undertaken here, 
in humility, but with decision and determination. 

With these remarks I thank you again for the honor you have 
conferred upon me, and promise you that I will do the best I 
can in administering ycur wishes, and in trying to carry out the 
great object we have been working for here, and for which we 
expect to work for some time to come. I thank you gentlemen.’’ 
(Great Applause.) 

The oath was then administered by Andrew Wilson, Esq., a 
Justice of the Peace, and Mr. Pierpont became de facto the Gov- 
ernor of Virginia. 

Tre Crate: ‘‘The next business in order is the resolution of the 
' gentleman from Monongalia, and the amendment of the gentle- 
man from Tucker.”’ 

Mr. Dorsey: ‘‘ Will the gentleman from Tucker for a moment 
withdraw his amendment? I purpose to withdraw my own reso- 


146 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


tution to give way for another, which, it is thought, will harmo- 
nize the opposing elements on this question.’’ 

He withdrew the resolution. 

Mr. Frost: ‘‘I move that a committee of three be apparel to 
wait on the Governor and inform him that this Convention is 
now ready to receive aay, communication from him that’ he may 
_ see proper to send in.’ 

The resolution was adopted, and Messrs. Frost, of Jackson; 
Crane of Tucker; and of Wetzel, were appointed the com- 
mittee. | 

Mr. Carne then. by general consent, proceeded to submit 
some remarks for the eonsideration, as he said, of those inclined 
to fayor such propositions as that of the gentleman from Monon- 
galia. The points he made in his remarks were that such a 
resolution violated the spirit of the Constitution of the United 
States, as it was equivalent to an ex post facto law. He contend- 
ed that at the time the men, whom it was proposed to turn out of 
office for voting for the ordinance of secession, gave that vote 
there was no penalty attached to the act, and thus depriving them 
of a prerogative on that account was equivalent to establishing 
‘a penalty—or was in fact a penalty—for an act done when no 
such penalty was in foree—That penalty was the loss of the 
oifice conferred by virtue of the implied contract between the par- 
ty and the appointing power. 

He said also that it would be punishing their own citizens 
for the exercise of an undoubted constitutional right. To infiict 
a penalty for having exercised a guaranteed right would be to 
abridge that right. it would never do for us to inaugurate any 
such practice as this In a body assembled for the purpose of 
protecting the rights and liberties of a free people. 

Mr. Dorsty followed, contending that it was not the design of 
the resolution to inflict punishment, but to protect the people 
against official acts of those who had committed themselves to a 
doctrine and a series of projects inimical to the rights of the 
people. 

Mr. Stuart said it was the first time he had ever heard that 
a man holding an office under the Constituion of the United 
States, had the right to vote for the ordinance of _ secession. 





9. The name of the member of this Committee from Wetzel county is omitted in 
the report from which we print.—y. A. L. 





THE PEOPLE OF NORTITWESTERN VIRGINIA IN 1861. 147 


Such an act was a violation of the oath taken by all officers to 
support that Constitution, and was therefore a crime and a per- 
jury. 

Mr. Caruivte replied, that if it was perjury, then the prosecut- 
ing attorneys in the different counties ought to punish all those 
who had been guilty of this erime, and this would, if enforced, 
be ail the punishment needed, as perjury would forever  dis- 
qualify them from holding any office thereafter. 

THE PRESIDENT cut the discussion short by announcing that he 
had just received an invitation for the Convention to attend a 
firing of salutes on the Island, between four and five o’clock, in 
honor of the election of Governor. 

On motion the Convention at onee adjourned. 


THE TENTH DAY. 
FRIDAY, JUNE 21, 1861. 


The Convention met at ten o’clock, A. M., and was opened with 
prayer by Rev. Gorden Battelle. 


The minutes of the preceding day were read and adopted. 
Ordered, That until the Seals of the Commonwealth ordered by this 


Convention are procured, the Governor shall affix his private seal to 


such writs and other documents as it shail be necessary for him to 
issue. 

Ordered, That until the appointment of a Secretary of the Common- 
wealth, the Governor be authorized to employ some suitable person to 
fill said office temporarily. 


Mr. Dorsey offered the following: 


Resolved, That a committee on offices to consist of nine members be 
appointed. 


He said the design cf that resolution was to raise a committee 
to which the various resolutions that had been offered by gentle- 
men in relation to vacating the offices of the State might be sub- 
mitted so as to arrive at some harmonious action on that sub- 
ject. 

Mr. Crane, of Tucker, did not know what end the gentleman 
proposed to reach with the resolution. The committee so raised 
could of its own volition report nothing. Some matter for them 
to inquire into would have to be offered after all. If this was 
another ‘mode of reaching the end sought to be obtained by the 
resolnticn offered by the gentleman yesterday morning it would 
not effect the purpose unless another committee were raised to 


- ¢onsider that matter. . 


148 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


Mr. Dorsty rephed that the design attributed was not the de- 
sign of the resolution at all, but it was to present these resolutions 
one after another, and refer them to the committee. The expecta- 
tion was that the committee would report back some of them, or 
a different resolution on the general subject, or else present some 
explanation which might go out to the people, giving them to 
understand why the Convention had refused to take action on 
these resolutions. 

Mr. Carine said that if this resolution was to elicit discussion, 
he would move to let it he over for the present. He submitted 
a motion, that when the convention adjourn, it adjourn over till 
Monday at 2 o’clock. 

After some discussion, the motion was adopted. 

On motion, then, the ordinance relating to the receipts and dis- 
bursements of the public revenue, and providing for the appoint- 
ment of an Auditor, Treasurer and Secretary of the Common- 
wealth, was taken up, and after having been considered, section 


by section, and variceus amendations made, was passed unani- 
mously. 


The ordinance as passed, is as follows: 


AN ORDINANCE RELATING 'TO THE RECEIPTS AND DISBURSEMENTS OF THE PUB- 
Lic RFVENUE. AND PROVIDING FOR THE APPOINTMENT OF AN AUDITOR, 
TREASURFR, AND SECRETARY OF THE COMMONWEALTH: 

The people of Virginia, by their delegates assembled in Convention, 
in Wheeling, do ordain as follows: 

1. The General Assembly, as soon as it shall be organized at Wheel- 
ing, pursuant to the Ordinances of this Convention, shall elect by joint 
vote of the two houses, an Auditor of Public Acccounts, a Treasurer, 
and a Secretary of the Commonwealth; whose terms of office shall re- 
spectively commence as soon as they shall be duly qualified, and shall 
continue for the unexpired portion of the current term of said offices, 
and until their successors be respectively elected and qualified. 

2. The officers so to be elected shall discharge the duties and exercise 
the power pertaining to their several offices by existing laws, so far as 
such law may be consistent with the ordinances of this Convention. 

8. Each of said officers shall give bond, with security, to the satis- 
faction of the Governor, which bond shall be payable to the Common- 
wealth of Virginia, and be conditioned for the faithful performance of 
the duties of the office. The penalties of the bonds shall be respectively 
as follows: that of the Auditor of Public Accounts, Twenty Thousand Dol- 
lars; that of the Treasurer, Fiftv Thousand Dollars; and that of the 
Secretary of the Commonwealth, Five Thousand Dollars. Each of these 
bonds shall be submitted to the Governor for approval; and if he be of 
opinion that it is in proper form, and duly executed, and that the security 
is sufficient, he shall endorse his approval thereon, and cause the same 
to be deposited in some secure place for safe keeping. 

4. The Auditor of Public Accounts, and the Treasurer, shall each 
keep an office in the City of Wheeling, for the transaction of their offi- © 
cial business;and the hours for transacting business at said offices shall 
be from eight in the morning, until three in the afternoon, between the 


THE PFOPLE OF NORTHWESTERN VIRGINIA IN 1861. 149 


first day of April and the first day of November, and from nine in the 
morning, until three in the afternoon, during the remainder of the year. 

5. It shall be the duty of the several Sheriffs, and all other persons 
who have in their hands, or are liable for, any monies which by exist- 
ing laws are payable to the Treasury of the State of Virginia forthwith 
to adjust their several accounts with the Auditor to be elected as afore- 
said and pay over to the Treasurer herein provided for, the amounts 
which shall respectively be found due to the State. 

6. If any Sheriff or other person, having in his hands, or being liable 
for, any monies which by existing laws are payable to the Treasury, 
fail or refuse to adjust his account, or pay over such monies as herein 
required, the Auditor of Public Accounts shall immediately publish a 
notice of such default in some Newspaper in the City of Wheeling and 
if such Sheriff or other person shall not, within thirty days after such 
publication, have duly adjusted his account and paid over such monies, 
he shall forfeit and pay to the Commonwealth, the sum of Five Hundred 
Dollars, to be levied by distress under warrant of the Governor, which 
warrant it shall be the duty of the Governor to issue, on satisfactory 
evidence that such default has occurred, directing the same at his dis- 
cretion to the Sheriff of any county, or to a special Commissioner or 
Commissioners for the purpose, and the Sheriff or other person making 
default as aforesaid, and his or their securities, shall further be liable 
to judgment, in the name of the Commonwealth of Virginia, for the 
amount appearing to be due, with interest thereon from the time of such 
default till payment. and fifteen per centum upon the principal, as dam- 
ages to be recovered by motion on ten days’ notice in any Court of Record 
in the State. 


7. The several Commissioners of the Revenue and Sheriffs, having 
first taken the oath or affirmation required by the Ordinances of this 
Convention, and being otherwise duly qualified, shall proceed, with all 
convenient despatch, to the discharge of their several duties in rela- 
tion to the assessment and collection of the public revenue, under the 
existing laws, so far as the same may not be inconsistent with the 
Ordinances of this Convention. 

8. All monies to be paid into the public Treasury, shall be paid into 
the Merchants’ and Mechanics’ Bank of Wheeling, at the City of Wheel- 
ing, or one of its Branches, at Point Pleasant, Clarksburg and Morgan- 
town; or into the North-Western Bank of Virginia, at Wheeling, or one 
of its Branches at Parkersburg and Wellsburg, but if collected East of 
the Blue Ridge of Mountains, into the Bank of the Old Dominion in 
Alexandria, to the credit of The Treasury of Virginia; and the person 
so paying the same shall take from the proper officer of such Bank 
or Branch, a certificate of the fact. The ‘Treasurer, on the delivery of 
such certificate, shall retain and file the same, charging the amount 
therein specified to the proper Bank or Branch, and delivering to the 
person who made the payment at Bank, duplicate receipts for the 
amount so paid, specifying on what account the money was. paid, 
The person making the payment shall forthwith hand over one _ of 
the said receipts to the Auditor of Public Accounts, to be retained and 
filed by him, and charged to the Treasurer’s account; upon the other re- 
ceipt, which is to be retained by the person making the payment, the 
Auditor shall endorse as follows:—‘“A duplicate hereof has been filed in 
the Auditor’s office,” and aftix his signature and the proper date to such 
endorsement. 


9. No receipt of the T'reasurer shall be an acquittance or discharge 
to any person for any sum of money due to the Commonwealth, unless 
such receipt be endorsed by the Auditor of Public Accounts as aforesaid. 
And any person bound to pay money into the Public Treasury, who 
shall pay. the same otherwise than according to this Ordinance, shall 
remain liable for such money, and be subject to every fine, penalty or 


150 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


forfeiture to which he would nave been subject if he had not paid the 
same. 

10. If the Governor, at any time when this Convention, and the Gen- 
eral Assembly, re-organized under the ordinances thereof, shall not be 
in session, shall be of opinion that the safety of the public funds re- 
quires that no more public monies should be paid into any one or more 
of the depositories, specified in the preceding section, or that the 
monies which may he in the same, to the credit of the Treasury, should 
be withdrawn, he may announce the fact by proclamation to be published 
in some newspaper in the City of Wheeling, and in the City of Alexan- 
dria, in the proclamation he may, if it be necessary, designate another 
depository or depositories, at which monies due to the Commonwealth 
may thereafter be paid. And after such proclamation is published it shall 
not be lawful to pay any sum of money on State account into any deposi- 
tory or depositories to which such payment shall be thereby forbidden; 
and the Auditor of Public Accounts and Treasurer, if required by the Gov- 
ernor, shall cause the monies held by such depository or depositories, 
to be transferred to some other lawful depository or depositories of 
the Public Funds. But all such Proclamations and orders of the Gov- 
ernor shall, as soon as possible, be submitted to the Convention or to 
the General Assembly, for their revision. 

11. Any person claiming to receive money from the Public Treasury, 
shall apply to the Auditor of Public Accounts for a warrant for the 
same. And the Auditor if he find such money to be due by the State, 
and that the payment thereof has been authorized by any Ordinance of 
this Convention, or Act of the General Assembly as re-organized under 
the ordinances of this Convention, shall issue his warrant therefor upon 
the Treasurer, specifying on what account the money is to be paid, and 
to what appropriation the same is chargeable. And the Treasurer, on 
the presentation of said warrant to him, shall, if satisfied that such 
warrant has been duly authorized as aforesaid, endorse upon said war- 
rant, nis Check, directed to some one of the depositories in which there 
shall be money to the credit of the Treasury, which check shall be pay- 
able to the order of the person entitled to receive the amount therein 
specified. The Treasurer shall, however, at no time, draw a check on 
any Bank, Branch, or other depository, unless there be money enough 
therein, to the credit of the Treasury, to pay such check. And no 
Bank, Branch or other depository, holding money to the credit of the 
Treasury, shall pay any check drawn by the Treasurer, unless the same 
be endorsed upon a warrant, authorizing the same issued by the Auditor 
of Public Accounts. 

12. This ordinance shall take effect from its passage. It may be al- 
tered or repealed by the General Assembly. 


The Convention then took a recess until two o’clock. 


AWPERNOON SESSION. 


Mr. Lame offered a verbal amendment to the ordinance organiz- 
ing the State Government, which was adopted. 


Mr. Carine offered the following resolution: 


Resolved, That the Secretary be requested immediately to notify the 
members of the Governor’s Council, not now in the city, of their elee- 
tion as such. Adopted. 


Mr. Moorzt offered the following: 


Resolved, That this Convention, in view of the extraordinary condi- 
tion in which our portion of the United States is now placed, we earn- 
estly recommend to the Federal authorities, the construction of a mili- 


THE PEOPLE of NORTIIWESTERN VIRGINIA IN 1861. Td 


tary road from Webster, a point on the B. & O. R. R., southward 
through the State of Virginia, or to some such point as would be suit- 
able for the concentration of forces in the struggle in which our General 
Government is now engaged. 


The resolution was referred to the Committee on Business. 

On motion of Mr. Carlile, the ordinance fixing the salaries of 
certain officers, &c. was then taken up. 

Mr. Stuart moved to amend the line fixing the salary of the 
Governor at $3,000 per annum by striking out that sum and sub- 
stituting $2,000. 

The amendment was rejected. 
~ Mr. Lame moved to insert between the first and second lines 
the words ‘‘Of the Attorney-General at the rate of $1,000 per 
annum. ’’ : 

The amendment was adopted. 

Mr. Hupparp moved to amend the line fixing the salary of the 
Secretary of the Commonwealth at $1,500 per annum by striking 
out that sum and substituting $1,200. 

The amendment was rejected. 

Mr. LigHTBURN moved that the line fixing the pay of the door- 
keepers be sc amended as to allow them $2 per day, instead of 
$1.50. 


The amendment was adopted. 

On motion of Mr. West, the line fixing the pay of the pages 
was so amended as to allow them $1 a day, instead of fifty cents. 

On motion of Mr. Lams, the second section, requiring that the 
expenses incurred by the Governor, shall be submitted to the Audi- 
tor, the same as any other claims against the State, was so amended 
as to require the same in regard to the expenses of his council. 

The Ordinance, as a whole, was then adopted unanimously. 

Mr. Cuose offered the following resolution, which was adopted: 


Resolved. That a copy of the Declaration adopted by this Convention, 
and the signatures thereto appended, be sent by special messengers, to be 
designated by the President of this body, to the President of the United 
States. 


On motion of Mr. West, the rule was suspended for the purpose 
of reconsidering the vote by which the election of Attorney-Gen- 
eral was postponed until Saturday, and on his motion, the Conven- 
tion proceeded to. the election. 

Mr. HussarD nominated Jas. 8. Wheat, Esq., of the city of 
Wheeling. 

No other nominations being made, the roll was called, and Mr. 


152 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


Wheat received 70 votes; Mr. Farnsworth, of Upshur, 1; Wm. A. 
Harrison, of Harrison, 1. 

THE CHAIR announced that Jas. S. Wheat was elected Attorney- 
General for the State of Virginia. 

Mr. FurstreEr offered the following resolution, which was re- 


ferred to the Committee on Business: 


Resolved, That for the better security and safety of the loyal citizens 
of this Commonwealth, and the perpetuity of their liberty, it is highly 
and exceedingly necessary that there should be placed, at least in each 
of the counties of Western Virginia, by the Federal Government, a re- 
cruiting officer, whose duty it shall be to enlist all such young men as 
may be desirous of engaging in their country’s service, and when en- 
listed, to send them to “Camp Carlile,’ or elsewhere, for discipline and” 
drill, so as to muster them into the service, of the United States, at as 
early a day as possible; and that to this end, we invite and solicit the 
proper officer of the general government, to send us such officers with- 
out delay. 


Mr. BurpdEerr suggested an inquiry into the whereabouts and dis- 
position of the 2,000 stand of arms now in the city. 

Mr. CARuLILE stated that he had been instructed to say that the 
Committee of which he was Chairman, had had that matter under 
consideration, and had unanimously come to the conclusion that 
the guns referred to, should be handed over to the State authori- 
ties here, for arming the volunteer militia of the State, which will 
be organized in a few days. 

Mr. Dorsey moved to suspend the rule for the purpose of recon- 
sidering the vote by which the Convention had resolved to adjourn - 
over till Monday. Last. } 

Mr. Moore moved that a committee of five be appointed to pre- 
pare an address for circulation. 

THE CuHarr stated that the Committee on Business already had 
that mater under consideration. 

Mr. Moore withdrew the motion. . 

The Convention then adjourned till Monday next at two o’clock. 


—— 


THE TWELFTH DAY? 
TUESDAY, JUNE 25, 1861. 


Convention met at 10 A. M. 
Prayer by Rev. J. L. Clark. 
Mr. Lamps, from the Committee on Credentials, reported Wm. 


9. It will be observed that on the tenth day of the session—Friday, June 21st— 
the Convention adjourned to meet the following Monday, the 24th, at 2:00 P. M. 
In all the files of the Wheeling Daily Intelligencer for 18851, known to the writer 
to be cxtant, the issue for Tuesdav June 25, 1861, which contained the Proceedings 
and Journal of the Convention on Monday, the 24 th—ele venth day of the session—is 
missing. It is hoped that the record of the proceedings of this day may yet be 
found.—V. A. L. 


™HE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. LS 


Radcliffe, of Wayne county, member elected to the House of Del- 
egates, from that county, entitled to a seat as such in the Conyen- 
tion. 

Mr. Lams, on behalf of the Committee to whom was referred the 
ordinances passed by the Convention for revision, reported them 
back with an order that they be duly enrolled. He moved that they 
be signed by the President and Secretary of the Convention as 
such. 

The report and motion were adopted. 

Mr. Rapcitrrre came forward and took the oath. 

Mr. Martin, of Wetzel, moved to amend the fourth section of the 
ordinance for the reorganization of the State government by in- 
serting in the 22d line after the word ‘‘duties,’’ the following: 


“Provided, nevertheless, that any person having taken the oath of 
the officers of the government of the United States, and afterwards voted 
for the ordinance of secession, and since that time have advocated seces- 
sion principles, shall be disqualified for exercising the functions of any 
office in this Commonwealth until the cessation of hostilities between 
the United States. and the seceded States.” 


Mr. Martin moved that his resolution be referred and proceeded 
to make some remarks in support of it. 

On the question of referring this resolution, Mr. Martin called 
for the yeas and nays. The call was not.sustained and the ques- 
tion being taken the Convention refused to refer. 

So the resolution was tabled. 

Mr. Car.iLe, from the Committee of Seventeen, reported an or- 
dinance, which was adopted, entitled ‘‘An ordinance recognizing 
the Constitutional duty of the Commonwealth of Virginia, to call 
forth the militia of the State in obedience to the lawful requisition 
of the Government of the United States, to execute the laws of the 
Union, suppress insurrection and repel invasions.”’ 

Mr. CALDWELL, from the same, reported the following which was 
also adopted : 


~ 


AN ORDINANCE RELATING TO THE COLLECTION OF THE 
REVENUE. 


The people of Virginia by their Delegates in Convention, at Wheeling 
assembled, do ordain as follows: 

J. That on all taxes hereafter collected, there shall be allowed to the 
person from whom they are collected, by the officer collecting the same, 
ten per centum on the amount thereof, if such payment be made on or 
before the 15th day of September next; if made after the 15th of Sep- 
tember and prior to the 15th day of October next, six per centum on the 
amount paid; and if made after the said 15th day of October and prior 
to the tenth day of November next, three per centum shall be allowed 
on the amount paid. 


154 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


¢ 


z. It shall be the duty of the Auditor of Public Accounts to credit the 
amounts of the several Sheriffs with the percentage allowed to be de- 
ducted from said taxes under the terms of the preceding section, pro- 
vided said Sheriffs shall account for and pay over the said taxes col- 
lected within ten days after each respective period stated in said sec- 
tion. 

3. This Ordinance shall take effect from and after the day of its 
passage and may be repealed or amended by the General Assembly. 


Mr. Lams, from the same, presented an ordinance, which was 
adopted, entitled an ordinance providing that the copies of the 
ordinance printed under the authority of the Convention shall be 
received as evidence. 


On motion of Mr. Lams, the following order was adopted: 


Ordered, That the Attorney-General be invited to occupy a seat in 
this Convention with liberty to participate in the discussions, but not 
to vote. 


Mr. CARuiLE, from the Committee of Seventeen, reported the fol- 
lowing ordinance which was adopted: 


An Ordinance requiring the evidence of the taking certain Oaths to be 
‘filed in the office of the Secretary of the Commonwealth. 


The people of Virginia, by their delegates assembled in Convention 
at Wheeling, do ordain as follows: 

1. When a person heretofore elected or appointed, or who shall be 
hereafter elected or appointed to any office in this State, shall take the 
oaths required of him in a,Court of record he shall procure a transcript 
from the record of the Court stating the fact of his having taken such 
oaths, and when he takes such oaths before a Judge, Notary or Justice, 
he shall procure a certificate of the person administering the same stat- 
ing the fact. 

2. When the oath prescribed in the ordinance for the reorganization 
of the State government shall be taken as aforesaid, the person taking 
the same shall cause the said transcript or certificate to be delivered 
to the Secretary of the Commonwealth, who shall file and preserve the 
same in his office. And if such transcript or certificate be delivered as 
aforesaid to the Secretary of the Commonwealth, it shall not be re- 
quired of the person taking the oath to deliver the transcript or certifi- 
cate as prescribed by the 6th section of the 18th chapter, or by the 
19th section of the 24th chapter of the second edition of the Code of 
Virginia. 

3. This ordinance shall take effect from its passage and may be al- 
tered or repealed by the Geenral Assembly. 


Mr. Farnswortnu offered the subjoined resolution : 


Resolved, That if in the-.opinion of the Legislature, there shall be no 
necessity for the meeting of this Convention on the first Tuesday in 
August next, they have the power so to decide; but that the Governor 
shall have the power to call this Convention together at a later period 
than the time now fixed on, unless the Legislature shall otherwise di- 
rect. 


Mr. FaRNSwortH moved the suspension of the rule, for the pur- 
pose of reconsidering the vote to which the Convention resolved to 
adjourn to the first Tuesday in August. 


THE PEOPLE OF NORTIIWESTERN VIRGINIA IN 1861. 155 


The question being taken on the suspension of the rule, it was 
decided in the negative. 

So the Convention refused to reconsider. 

On motion, the Convention then took a recess until 4 o’clock, 
P. M. 


AFTERNOON SESSION. 


Mr. VAN WINKLE, from the Committee on Business, reported the 
Ordinances adopted during the morning session, as revised and cor- 
rected, and they were adopted and ordered to be enrolled. 

On motion of Mr. Tarr, a vote of thanks was returned to the 
President, for the very able and impartial manner in [which] he 
had discharged the duties of his position. 

Mr. Porter also moved that the thanks of the Convention be 
tendered to the Secretary, Sergeant-at-Arms, and other offiecrs, 
for the manner in which they have discharged their respective du- 
ties. 

THE PRESIDENT: ‘‘Most cordially do I thank you, gentlemen of 
the Convention, for the complimentary manner in which you have 
seen fit to speak of my conduct as an officer called to preside over 
the deliberations of this body. 

I part from you, one and all, with the kindest feelings, with emo- 
tions of heart that I have not lariguage to express. We have been 
engaged in a duty of the highest importance not only to ourselves 
but to the State of Virginia, and it may be to the United States. 
I may be sanguine but I am convinced the action of the body will 
_ redound to the good of this whole country. We came here, some of 
us, through difficulties, some at the peril of their lives, some yet 
trembling, fearing not the consequences of their action, but fear- 
ing lest the call for this convention should not be responded to by 
the neighboring counties. But how agreeably have we been disap- 
pointed. We have representatives here from Hancock to Wayne 
from the Ohio to the mountains, Randolph, Tucker, Gilmer on the 
one hand, while Kanawha in its strength is with us on the other. 
We have thirty-four counties; almost one-third of the white popu- 
lation of the State of Virginia is represented by the territory within 
the counties from which delegates here hail. The people, our con- 
stituents, if they once are relieved from military rule, and have 
permission to express their sentiments, will hail our action here 
with joy and gladness, and will respond to it with hearts of grati- 


156 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


tude, and with actions that will tell on the future destiny of this 
country. 

We all love Virginia. We have always been devoted to our in- 
stitutions, J am sure. It is not our interest to do any injury to the 
mother of us all. It is our duty to advance her interests, her pros- 
perity and the happiness of the people. J am sure our action here 
will result in that happiness and prosperity. 

Yet our work is not done with the action of this Convention. 
We have here done our work, and, in my estimation have done it 
well. We have re-organized a government for the State of Vir- 
ginia, in lieu of the one which has been usurped. We have ap- 
pointed officers in those positions to execute those duties where 
men have acted heretofore faithlessly, and permit me to say, you 
have been happy in the selection to fill the various offices filled by 
the ordinances and acts of this Convention.. You have chosen men 
who are capable, who are honest, and who will be faithful to the 
Constitution and laws of their country. I have every confidence 
in them, that they will discharge their duties as men, honest men, 
men who will not go to the right nor to the left, but straight along 
in the line of their duty. 

Then it is for us, gentlemen, after having inaugurated this gov- 
ernment, to go home, not to idle away our time—not to fold our 
arms in inaction, but to go home with the determinatin to execute 
the government which we have re-organized; to put in motion in 
every county and in every neighborhood within our power. And if 
gentlemen who are oppesed to us in politics on this great question 
of secession see fit to attempt again to oppose the free execution 
of the laws, it will be necessary for us, by the strong arm of the 
law, to put our purpose into execution. It is too late to be modest 
in this matter. It is too late for gentlemen now to doubt. The 
time for action has now arrived; and he who now falters, at a time 
when his country most needs his services, falters at a time when 
that faltering is not only a sin but a crime of the deepest dye. 

Let us then go home and enter upon the execution of the govern- 
ment which we have re-organized. The people I am satisfied by an 
overwhelming majority are with us, and if we only manifest the 
disposition and the determination to execute our purpose all will 
be well. 

Gentlemen, I return you my thanks for the compliment you have 
pleased to bestow on me in adopting this resolution. I have spent 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 157 


a few days with you here very pleasantly, and have enjoyed myself 
as well as I ever did in my life. With these remarks and my thanks 
I close and take leave of you. 

The Convention then adjourned to meet again on the first. Tues- 
day in August next at two o’clock P. M., unless otherwise ordered 
by the Governor with the advice of his Council. 





APPENDIX A. 





‘ 


SPEECH OF HON. FRANCIS H. PIERPONT DELIV- 
ERED BEFORE THE SECOND CONVENTION OF 
THE PEOPLE OF NORTHWESTERN VIRGINIA AT 
WHEELING ON THE 17TH DAY OF JUNE, 1861—SIXTH 
DAY OF SESSION—IN FAVOR OF THE ADOPTION OF 
THE DECLARATION OF RIGHTS OF THE PEOPLE OF 
VIRGINIA. 


Mr. PrerRPoNT said :—‘‘I propose to submit a few remarks upon 
this Declaration before the question is taken; and, Sir, if I should 
extend my remarks to several topics not particularly embraced in 
the Declaration, I hope I shall not be considered out of order. We 
have arrived, Sir, at an important and momentous crisis in the his- 
tory of our country—one that is to be deplored by every lover 
of constitutional liberty, and who has any desire in his heart for 
the Government of the United States performing the great des- 
tiny for which it was intended.—And, Sir, it may not be inap- 
propriate for me to refer briefly to a state of facts which has 
brought about the condition of our country at the present time. 
I think it must be obvious—perhaps patent to every observer of 
the history of this country—that the crisis-‘now upon us is not the 
result of any momentary revulsion that has come upon the coun- 
try, or of any sudden outburst of feeling in any one section of 
the country; but that it is the result, Sir, of mature deliberation, 
concocted in treason, for the express purpose of breaking up con- 
stitutional liberty in this country—And, Sir, I think I am borne 
out by the facts in the statement that this treason dates as far 
back as 1833: a dissatisfaction on the part of one single State of 
this Union with the Government of the United States, and a deter- 
mination to break it up. The history of the events of those times 
is fresh in the memory of most of us now. The declaration on 
the part of the committee that reported the bill calling the con- 
vention in the State of South Carolina to pass the ordinance of 
- Secession immediately after the last Presidential election, shows 
not only the determination of the people of South Carolina at 





160 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


that time, but that it had been a determination in the minds of 
that people for twenty-eight years; that they had been educat- 
ing the minds of the people of South Carolina for the express 
purpose of breaking off their allegiance to the Government of the 
United States, and that if they were not taught now, they never 
would be. ‘That, Sir, Scuth Carolinians admit. That is the boast 
of their chivalry; they are too high-minded to deny the truth. It 
. was their determination to keep nothing concealed. Ever since 
the transactions of 1543 the statesmen of South Carolina have 
never suffered themselves to be called by any of the party names 
that distinguish the people of the United States in other sec- 
tions of the country; but have called themselves the great South- 
ern State Rights party. Thus showing all the time that their 
object was something beyond that of conducting this Government 
=o the ngh destiny to which all the other States of this Union so 
proudly looked forward, and for which they had so diligently 
labored. 

When we lcok, Sir, at the transactions, or theory rather, and 
the statements of the leading politicians of the South, during the 
canvass of the last Presidential election, we find that they went 
on the theory of separate State action, opposing entirely any bor- 
caer conference of Southern States, any action of a general char- 
acter that would bind together and have for its object the healing 
up of the seeming dissensions between the North and the South. 
That separate State action was taken in defiance of the re- 
monstrances of the State of Virginia, and regardless of the wishes 
of other States reluctantly drawn into it. There was a powerful 
Union party in Aiabama, Georgia, Mississippi, Louisiana and 
Texas. But these men at the head of affairs in South Carolina, 
determining to carry out their favorite theory and purpose. pre- 
cipitated the country into this fearful rebellion.—South Carolina, 
seceded, and was followed by the other States. But we see as 
early as the nimttu of December last, the programme laid down by 
statesmen in Washington for the formation of a Provisional Goy- 
ernment at Montgomery, by the assembling of a Congress on the 
4th of February. 

Virginia’s representatives in the Legislature had been chosen 
a year before. They were called together by the Governor of the 
State, whe was opposed to Secession. That Legislature, however, 
was deeply imbued with the spirit of Secession. They immediate- 


THE PEOPLE oF NORTHWESTERN VIRGINIA IN 1861. 161 


ty on assembling called a Convention of the State, contrary to the 
usages of the State. We know, Sir, that so far as Virginia was 
concerned at the time of the calling of that Convention, there was 
a large majority of her people opposed even to a Convention being 
ealled, while there was an overwhelming majority in the State, 
opposed to Secession, and in favor of the Union, under the Stars 
and Stripes and the Constitution of the United States, knowing 
as they did, and as we all do, that it was to this Union that we 
are indebted for all our greatness and prosperity. 

Now, Sir, it has been said that the protection of negro slavery 
was the great object of this revolution. I deny, Sir, the whole 
preposition from beginning to end. And I assert that slavery was 
only the occasion, the pretext for the rebellion, and for the steps 
taken to bring it on.—South Carolina, the most honest and bold 
in her declarations, denied that such was the case. They were 
dissatisfied with the Union—‘‘the accursed government.’’? They 
wanted a different government—-one more suited to their tastes 
and habits of lite. They tried to make the issue in the Presi- 
dential campaign last fall. It was made throughout several of 
the Southern States, and was made upon the issue of protection 
to slavery. They tried to make that issue in Virginia. But, Sir, 
until the day of the Presidential election, there were not three 
prominent men in this State, politicians or otherwise, that took 
the ground of secession or breaking up the Union. And we find 


a pertinent fact connected with this case. In the Eastern part of 


the State, where the most slaves are owned, the Union ticket, based 
on. the ‘‘Unior, the Constitution and the Enforcement of the 
Laws,’’ received a majority of the votes, even of slave holders 
themselves—showing very clearly that they did not regard seces- 
sion necessary to protect their interests in slave property, because 
they felt that under the Constitution of the United States, and 
the laws passed by Congress, that institution was entirely safe. 
Then, sir, it behooves us to look closely, and see how this state 
of affairs under which we find the country laboring, was brought 
about, and whether the people of Virginia should be in this dis- 
tracted condition in which we now find them, by any previous ac- 
tion of their own. ‘We find a peculiar state of things in the 
South. After the revolutionists had seized the arsenals, the forts, 
the treasury, or mints, the post offices, and all other government 
property they could get hold of, we find the Convention of Vir- 


162 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


ginia still remaining firm for the Union. But there was a deep 
plot going on all the time. ‘Those who were leading the secession 
movement, everywhere were acting in coneert, and their plans 
were matured beforchand. All the leading men were initiated— 
were indoctrinated iully into the views and determination of the 
leaders. They all acted in concert, and sprung this thing on the 
people of the country without the people having any concert 
among themselves. Hence, Sir, we see that immediately upon the 
step taken by South Carolina, all over the South, and as far as 
secession influence could reach in the North, the declaration was 
made that there musi be no ‘‘coercion.’’ Not a paper in favor 
of secession but what came out with the doctrine of no coercion. 
Sensible men, legai men, in every part of the country looked at one 
another aghast and in wonderment; and the question was proposed 
from one to another, and it flew from one end of the Union to 
the other, ‘‘ Have we any government at all?’’ Is this magnificent 
government built by our forefathers a mere rope of sand or is it 
a reality?’’ But still the dogma was promulgated. ‘‘There must 
be no coercion;’’ and in order to produce a revulsion of feeling 
in the public mind against those in favor of the enforcement 
of the laws, they were called ‘‘coercionists,’’ or those whose ob- 
ject and desire were to exterminate their brothers in the South. 

In this way things progressed. The last Administration went 
out, and the present one came in. The policy to be pursued was 
anxious!y asked for aud looked to.—Every step the present ad- 
ministration took was tortured into coercion. while odious epithets 
were showered upon it to make it distasteful to the people of the 
South—When the Virginia Convention assembled at Richmond 
it was ascertained that three-fourths of it were opposed to dis- 
union.—But the plot began to converge to a point. Major Ander- 
son was in Fort Sumter, and it was well known that his provisions 
were nearly run out. It was known the very day they would run 
out, and that he must be reinforced, either in provisions, or in 
provisions and men both. The Virginia secessicnists then called 
their mob Convention to meet in Richmond on the 16th of April. 
A messenger was sent from Richmond to Charleston the day before 
Fort Sumter was fired on. THe made his speech there; saying there 
was one thing that must be done, and Virginia would secede. 
They knew in Charleston what that thing was; and Gov. Pickens 
ordered Fort Sumter to be attacked. The attack was made, and 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 163 


a despatch came to the Governor of Virginia from the Governor of 
South Carolina, saying: ‘‘Fort Sumter is fired upon; what will 
Virginia do now?’’ It is said that the Convention would not 
even then have dissolved their connection with the United States. 
But the Secessionists, without the authority of the Governor, dis- 
patched trocps to seize Harper’s ®erry and the Gosport Navy 
Yard, with all their munitions of war. The declarations had al- 
ready gone forth from Charleston, throughout the South, that 
they intended to seize the Capitol immediately; that Lincoln and 
his cabinet were trembling in their seats; and were consulting 
whether to remove tc Philadelphia or New York. Thus they 
forced the President to issue his Proclamation, calling for 75,000 
troops. They xncw he would be bound to issue the Proclamation 
or retire in disgrace!—-That Virginia must be called on for her 
quota of troops, cr Secession be acknowledged. The proclamation 
came—Virginia was called on, and then the Proclamation was 
styled by the conspirators the crowning act of infamy of the Ad- 
ministration, on account of which they must secede. Thus the 
plot was laid and consummated. The plot was one that was con- 
ceived in perjury at Washington, and carried out by falsehood 
throughout the country, attended by coercion, intimidation, insult 
and a reign of terror, which was equally concerted throughout Vir- 
ginia, as well as in the other Southern States. 

For several days before the Convention passed the Ordinance 
of Secession, it was absolutely besieged; members were threatened 
with being hung to the lamp posts; their lives were jeopardized ; 
the mob was marching up and down the streets, and surrounding 
the Capitol, and everything was terror and dismay. Immediate-, 
ty upon the passage of the Ordinance of Secession, in every county, 
as far as I can learn, a systematic reign of terror was inaugurated. 

Leading politicians in each county, wherever they dared, pro- 
pounded to all the Union men questions of the following import— 
‘*Are you in favor of the Union, or the State of Virginia?’’ notify- 
ing the party at the same time, that if they were in favor of the 
Union, that they had better prepare their necks for the halter, 
or leave the State—some adopting one badge of menace, and some 
another; such as pistols worn in some prominent place, others, 
Minnie riile bails, with holes perforated in them and tied in the 
button holes of their coats. In other sections of the State where 
they had the power, irresponsible persons assembled, under the 


164 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


name of ‘‘committces of safety,’’ who proceeded to notify all the 
obnoxious men in their section, that they must leave the State. 
This meant Union men. Prosecuting attorneys attended militia 
training and read the laws on treason. All Union men were ad- 
monished that they wouid Le prosecuted for treason. 

Before the day of election artived we see the troops from South 
Carolina, Georgia and other Southern States, plaved all over the 
eastern and Southern parts of the State running up into the val- 
ley, and in seme parts of Western Virginia. In those parts of the 
State freedom of election was completely suppressed, and men 
who dared to vote against secession did it at the hazard of their 
lives. Thus, Sir, you see the concert by which secession has been 
inaugurated and carried out in Virginia; and we see that same 
spirit that reigned in it from the beginning. What is that spirit? 
Is it the spirit that animates high-minded, noble, honorable men, 


when they desire to carry out the destiny of a great nation? Na, 
Sir, it is a spirit of TREASON, that has been propagated by falsehood 


from one end of the eccuntry to the other. And to carry this out; 
threatening, menace, plundering, oppression, everything which 
develops the lower, meaner qualities of man, and leads him to 
despise all governments, all law, all authority, and everything 
that stands in his way to power—all have been resorted to. 

At the inception of seecession, we thought we read its spirit 
in the South, but supposed that spirit would not be carried into 


Virginia. But in this we were mistaken. The leading politicians 
of Virginia, both in the East and the West, embarked in the 


scheme of secession. What had we to do here? We saw that 
the negro interest in the Hast did nct demand secession. And we 


knew that the free laborers of the West, by it, would have all 


their interests cut off and destroyed. We saw that Kentucky was 
loyal to the laws, and we saw that Maryland was bound to stand 
fast—Here then we would be with a white population of 300,000, 
with our revenues of trade cut off; it could not go to the East, 
nor to the South, without encountering a custom-house at our 
doors, with our men lable to be seized and placed in a \foreign 
army to fight against a government they had always loved and 
honored aud to which their prosperity was indebted, and on which 
the perpetuity of their happiness depended. What was West- 
ern Virginia to do? ‘They saw their leading politicians engaged 
in this nefarious aitempt to break up the Government; they saw 


a Ld 
aa 
~~ 


“es 
| 


THE PEOPLE or NoRTIUWESTERN VIRGINIA IN 1861. 165 


free expresssion of opinion in the case suppressed; they saw treason 
rankling all over the State, with the Governor, Lieut.-GFovernor 
and all the State ofticials, and four cut of five of the Judges of the 
Court of Appeals, ail the Judges of the Circuit Court except one, 
and, as far as 1 am advised, nearly all the prosecuting attorneys 
and Sheriifs engaged in this treasonable work; with one of the 
Judges of the Court of Appeals acting as counsel to the Governor. 
But in Western Virginia, in spite of all this terrorism and power- 
ful influence against them, we found a remarkable unanimity 
among the people, exhibited at the late election, in favor of the 
Tnion, and against the ordinance of secession. 
What, again I ask, are we to do? I answer—precisely what we 
‘are doing. Form a government for the State of Virginia.—The 
exigencies of the times demand it. It is the only alternative left 
us. Two-thirds of the people of the State have been forced into 
rebellion against the government of the United States. They are 
also in rebellion against the State of Virginia; because the laws of 
Virginia recognize the Constitution of the United States, as the su- 
preme law of the land. Are we then to lie still, and let our citi- 
zens, who are loyal to the government of the United States, be 
pressed into the Confederate army to fight against their own gov- 
ernment, and their property seized and carried off, to support the 
Confederate troops, who are being used by the usurpers to break 
up the government? The oppression which exists in other parts 
of the State, would have reached the city of Wheeling, had it not 
been resisted by our action. It would have reached other points 
on the Ohio river, and our men, instead of now being at home, 
attending to their business, would have been marshalled to-day 
upon the plains of Manassas Junction, under the piratical flag of 
the Southern Cenfederaty, to fight against the loyal army of the 
United States. 

Two plans have been prepared for the purpose of meeting the 
present emergency. One is, by a division of the State; the other 
is, by forming a government for the whole State. If the first were 
practicable, under the Constitution of the United States, I do not 
think it would meet the present exigency. Our great, or first ob- 
ject is to put down rebellion and restore peace to the country; and 
wherever the Southern boundary of the new State might be estab- 
lished, when peace was restored to that line, our authority would 
stop. But by pursuing the latter course, forming a government 


166 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


for the whole State, as fast as rebellion shall be put down in any 
section of the State, county elections can be held, men loyal to the 
Government can be placed in power, who will, by the exercise of 
their office, restore law and order to the community; and thus, 
when the rebels are driven out, the whole State will be restored to 
its former loyalty to the Union. The proper course, I maintain, 
for us to pursue is, to institute a government for the whole State 
of Virginia. We are the loyal people of Virginia, entitled by law 
to the control of its military and civic power, as soon as we can get 
it. We can get it in a large portion of the State at once. And, 
then, my firm opinion is, that the Federal Government must suc- 
ceed in putting down the rebellion in the eastern part of the State, 
and just as fast as the rebels are driven from that part of the State, 
law there will be inaugurated under this Government, the offices 
will be declared vacant, new elections, as I have said, will take 
place: for as soon as the rebels are driven out the Union element 
in that section of the State will rise right up and fill the offices. 
We will have Judges, Sheriffs and Prosecuting Attorneys to en- 
force the laws. That is the way this thing must work, or not at 
all. As to dividing the State—which, I have no doubt, will ulti- 
mately be done, and which I will favor at the proper time—I would 
remark that the putting down of rebellion, the lending of a help- 
ing hand to aid the Government, the maintenance of constitutional 
hberty in this land of ours from the St. Larenece to the Rio Grande, 
is of vastly more importance to us, and to the world, than the for- 
mation of a new State out of Western Virginia, at this time. Per- 
mit me to say, Sir, that I look upon this movement as the brightest 
scheme and most feasible for putting down the rebellion and re- 
storing peace to the country that has yet been proposed. . If we 
ean inaucurate this movement successfully, I am confident the 
same step will be taken in East Tennessee, West Arkansas, North 
Alabama, and North Mississippi. It has already been commenced 
in South Florida. It will finally be carried out in all the seceded 
States. Then I can see no retreat for secession short of the Gulf 
of Mexico. 

The objection has been urged that it is contrary to our insti- 
tutions to hold any State in the Union against its own will. We 
have held New Mexico and California by conquest, and they soon 
became willing subjects; and my word for it, as soon as rebellion 
is put down in Hastern Virginia, and other seceding States, and 


THE PEOPLE ar NORTHWESTERN VIRGINIA IN 1861. Tol 


the Union element permiited to rise up, they will freely give their 
allegiance to the United States. | 

It has been suggested by intelligent men that we should pass this 
declaration and adjourn, and wait till we see whether the Federal 
Government is able to sustain itself, and put down or drive out 
rebellion in Eastern Virginia: that if the government should fail 
there Kentucky and Alaryland may secede, and we might then have 
to cast our lots with the Confederate States. This would be the 
worst policy we could possibly adopt. It would be simply throwing 
cold water on the Union men of Kentucky and Maryland, and on 
the efforts of the General Government to put down rebellion. 

It simply means that we should stand and look on, preserve our 
inactivity, and encourage rebellion to succeed, if it can; and after 
it succeeds, take our fortunes with it! Were I President of the 
United States to-day, and the representatives of Western Virginia 
should pursue that course, I would say to them—‘‘I know the 
Southern army will never come to the Ohio river to do us any harm, 
but will only wreak its vengeance on you, who have not the nerve 
to act, who are merely standing looking on with an indifferent eye, 
to see which party succeeds, and are then willing to fall in with the 
stronger party, at the conclusion of the fight.’’ But, Sir, there 
ean be no neutrality in this contest; and there need be no doubts 
on the subject, as to which party will triumph. [I tell, you, Sir, the 
Government must succeed, and will succeed, in putting down re- 
bellion. If we should take this course, the President would be 
justifiable in withdrawing every soldier from Western Virginia. 

But, Sir, we lose by every moment we delay; even now, as is re- 
ported, Ex-Gov. Wise is about taking command of forces to invade 
Western Virginia. He will probably not have a very great force 
to command; but large or small, we will not wait for him to come 
here. but will meet him at the top of the Alleghenies, and at the tap 
of the drum, and at the point of the bayonet will welcome him to a 
grave that he has merited for his treason heretofore!—There is a 
spirit abroad in Western Virginia that will support the Govern- 
ment of the United States, that will support the rights and interests 
of Western Virginia, and that will support the action that this 
Convention is expected to take here and now. It is necessary, ab- 
solutely necessary, that we act as quickly as possible, to provide for 
our security of life and property, and inaugurate law and order. 
Let me give you an example of the conditon of Western Virginia 
as showing reason why we should act and at once. Take the coun- 


168 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


ties of Marion, Taylor, Barbour and Randolph. The Judge, 
Prosecuting Attorneys and Sheriffs of all those counties have join- 
ed the secession army, and left the people without the protection 
due from them in the exercise of their offices. Such, I presume, is 
the case with many other counties. 

Let us go forward then with our proposed work. Common sense 
suggests it, the emergency demands it, and the time and the cir- 
cumstances with which we are surrounded warrant us in carrying 
it out, may demand that we should do so. 

It has been said by some that this is rebellion; that it is setting 
up a separate government in the State of Virginia. But, Sir, I 
~ contend that this is neither revolution nor rebellion. It is merely 
doing what we are bound to do in this exigency, for the protection 
of our lives and property. Rebellion implies a guilty knowledge 
and intent against the law and authority of the land. Murder im- 
plies a guilty intent on the part of the party who commits it. The 
murderer deliberately lies in wait with malice aforethought to take 
the life of his fellow-man; but the man who is caught in an exigen- 
ey and meets his fellow-man who attempts to take his life, if he 
defends himself and kills his assailant, is not a murderer. He 
merely acts in self-defense. There is none of the attendants of 
murder attached to the transaction. He is simply doing that 
which is necessary to protect his hfe. 

So.it is with our action here. The Constitution of the United 
States guarantees to every State (and, I take it, only to the loyal 
people of that State,) the right of a republican form of govern- 
ment. Our Declaration of Rights of the State of Virginia, declares 
that the people have the right to peaceably assemble and to alter 
or amend their form of government, when it may become neces- 
sary. Now, Sir, this exigency is upon us. The Government of the 
State is in rebellion against the United States—against the laws 
and the loyal people of Virginia. We, representing the loyal peo- 
ple of Virginia, are bound to take immediate action to protect 
their lives and their property. We. then, assemble peaceably, in 
this exigency. We assemble lawfully, being sent here by the loyal 
people of Virginia, according to the mode prescribed by the Con- 
vention which met in this city in May last, to do whatever is nec- 
essary to be done for the safety and protection of the loyal peo- 
ple of Virginia. And, Sir, I would not be afraid to-day to place 
my position and that of this Convention, for legality, and to stake 
my life upon it, before the best jurists and statesmen in the civil- 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 169 


ized world, who.understand anything about constitutional liberty, 
and the facts with which we are surrounded, and risk their de- 
eision. It would and must be in our favor. Reason, common 
sense, precedent, everything, justifies us in carrying out this propo- 
sition. I find, Sir, a high precedent in looking into the acts of our 
fathers in the time of the Revolution—When Lord Dunmore left 
the seat of Government of Virginia and went on board the man-of- 
war, with his Council. 

Speaking of the power of the President of the United States to 
decide which is the true government, where there are two govern- 
ments in a State, and one or both of which claim the protection of 
the President under the Constitution of the United States, Chief 


Justice Taney says: 

“It is said that this power in the President is dangerous to liberty and 
may be abused. All power may be abused if placed in unworthy hands.— 
But it would be difficult, we think, to point out any other hands in which 
this power would be more safe, and at the same time more effectual. 
When citizens of the same State are in arms against each other and the 
constituted authorities unable to execute the laws, the interposition of . 
the United States must be prompt or it is of little value. The ordinary 
course of proceedings in Courts of Justice would be utterly unfit for the 
crisis. And the elevated office of the President, chosen as he is by the 
people of the United States and the high responsibility he could not fail 
to feel when acting in a case of so much moment appear to furnish as 
strong safeguards against wilful abuse of power as human foresight 
could well provide. At all events it is conferred upon him by the Con- 
stitution and Laws of the United States, and must therefore be respected 
in its judicial tribunals.” See Howard’s Reports, vol. 7, page 44. 


But our action will be submitted to the President and Congress, 
for their recognition. In loking into this subject, I find it has been 
distinctly decided by the Supreme Court of the United States, that 
where a state of facts like this exists—that is, two governments in 
one State, they may both, or one of them, submit their claims to 
the government of the United States, in which case the President 
decides which is the true government of the State, from which there 
ean be no appeal. 

Congress has only to see that the government so recognized is 
republican in form. I am sure and satisfied that the President and 
Congress must and will recognize us as the rightful government of 
the State; and will not only recognize us, but will applaud us for 
the course we have taken, and see that we are sustained in carry- 
ing it out. How could the President or Congress doubt on this 
subject? To do so would be to say by the forms of laws that we were 
bound to lie till our hands and feet were tied; until our property 
was taken from us, and ourselves swung upon the gallows! God’s 


ait) PROCEEDINGS AND:JOURNALS OF THE CONVENTIONS OF 


law, Nature’s law, man’s law never did impose any such obliga- 
tions as these upon any man or any people, where they were act- 
ing with a true and loyal heart and upright intention, and a de- 
termination to assert legally their rights. Sir, there can be nothing 
in law, nothing in reason, nothing in principle or in practice, that 
ean be brought against us. Everything is in our favor, and every- 
thing must aid and sustain us in our efforts. 


APPENDIX B. 


A DECLARATION OF RIGHTS 
OF THE 


Been cee ueh)  O Beoivor kG TN TVA, 





REPRESENTED IN CONVENTION, AT THE CITY OF WHEELING, THURS- 
DAY, JUNE 13, 1861.* 


(As Changed, Amended and Adopted. ) 


The true purpose of all government is to promote the welfare 
and provide for the protection and security of the governed, and 
when any form or organization of government proves inadequate 
for, or subversive of this purpose, it is the right, it is the duty 
of the latter to abolish it. The Bill of Rights of Virginia, framed 
in 1776, re-affirmed in 1830, and again in 1851, expressly reserves 
this right to a maojrity of her people. The act of the General 
Assembly, calling the Convention which assembled at Richmond 
in February last, without the previously expressed consent of such 
majority, was therefore a usurpation; and the Convention thus 
called has not only abused the powers nominally entrusted to it, 
but, with the connivance and active aid of the executive, has 
usurped and exercised other powers, to the manifest injury of the 
people, which, if permitted, will inevitabley subject them to a mil- 
itary despotism. 


*This “DECLARATION OF RIGHTS” is one of the most important State papers 
of West Virginia. As has been seen, it was reported to the Convention at the 
forenoon session, Thursday, June 13, 1861, by John S. Carlile, chairman of the 
Committee on Business, otherwise known as the Committee of Seventeen. For 
three days it was discussed at much length, and changes and amendments were 
made. Thereafter it was engrossed on parchment, and late in the evening of June 
17th, it was adopted by a vote of fifty-six yeas, nays none. Other members 
recorded their votes as they came in, and three days later~—-June 20th—it was 
formally signed by eighty-three members. The copy here printed is an exact 
reproduction of that used prefatory to the “Ordinances and acts of the Restored 
Government of Virginia, Prior to the Formation of West Virginia, with the Con- 
stitution and Laws of the State of West Virginia to March 2, 23866.” Reprinted 
by order of the Legislature that year.—V. A. L. 


pe PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


The Convention, by its pretended ordinances, has required the 
people of Virginia to separate from and wage war against the gov- 
ernment of the United: States, and against citizens of neighbor- 
ing. States, with whom they have heretofore maintained friendly, 
social and business relations: 

It has attempted to subvert the Union founded by Washington 
and his ¢co-patriots, in the purer days of the republic, which has 
conferred unexampled prosperity upon every class of citizens, and 
upon every section of the country: 

It has attempted to transfer the allegiance of the people to an 
illegal confederacy of rebellious States, and required their sub- 
mission to its pretended edicts and decrees: 

It has attempted to place the whole military force and military 
operations of the Commonwealth under the control and direction 
of such confederacy, for offensive as well as defensive purposes: 

It has, in conjunction with the State executive, instituted wher- 
ever their usurped power extends, a reign of terror intended to 
suppress the free expression of the will of the people, making elec- 
tions a mockery and a fraud: 

The same combination, even before the passage of the pretended 
ordinance of secession, instituted war by the seizure and appropri- 
ation of the property of the Federal Government, and by organiz- 
ing and mobilizing armies, with the avowed purpose of capturing 
or destroying the Capital of the Union: 

They have attempted to bring the allegiance of the people of 
the United States into direct conflict with their subordinate alle- 
siance to the State, thereby making obedience to their pretended 
ordinances, treason against the former. 

We, therefore, the delegates here assembled in Convention to 
devise such measures and take such action as the safety and wel- 
fare of the loyal citizens of Virginia may demand, having ma- 
turely considered the premises, and viewing with great concern 
the deplorable condition to which this once happy Commonwealth 
must be reduced unless some regular adequate remedy is speedily 
adopted, and appealing to the Supreme Ruler of the Universe for 
the restitude of our intentions, do hereby, in the name and on 
the behalf of the good people of Virginia, solemnly declare that the 
preservation of their dearest rights and liberties and their secu- 
rity in person and property, imperatively demand the reorganiza- 
tion of the government of the Commonwealth, and that all acts of 





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‘| = ' } ’ . 


ha 
i ze j va PEOPLE OF NORTHWESTERN ViRGINIA IN 1861. - 173 
a y 

said Convention and Executive, tending to separate this Common- 
wealth from the United States, or to levy and carry on war against 
q them, are without authority and void; and that the offices of all who 
adhere to the said Convention and Eeecrtve! whether legislative, 


executive or judicial, are vacated. 


Ce? « 
43 








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Lig Male ¢ x * y i 
Von nt MRP 2g, 
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APPENDIX C. 


AN ADDRESS OF THE SECOND CONVENTION OF THE 
PEOPLE OF NORTHWESTERN VIRGINIA—IN 
SESSION AT WHEELING. 


ISSUED ON THE 25TH DAY OF JUNE, 1861. 


The Delegates now assembled in Convention at Wheeling, deem 
it proper to address their fellow-citizens throughout the Common- 
wealth, in explanation and vindication of the course they have 
unanimously felt it incumbent on them to pursue. 

It is only necessary to allude brielly to the circumstances which 
called this Convention into existence, to justify, in the fullest man- 
ner, any resumption of authority by the people in whose name 
they act. The General Assembly, which met in extra session at 
Richmond, in January last, without the excuse of impending dan- 
ger or other grave necessity, and without constitutional au- 
thority, convened a Convention, ‘‘to adopt such measures as they 
may deem expedient for the welfare of the Commonwealth ;’’ thus 
tamely relinquishing the very power reposed in themselves by the 
Constitution, and,’as the sequel proved, with a corrupt purpose. 
Elections were held for delegates to the proposed Convention, and 
tt being then clearly understcod that an active and influential 
party favored the secession of the Commonwealth from the United 
States, the issue presented everywhere was clearly ‘‘Secession’’ or 
*“No Secession’’. We need not remind you that by a very large 
majority of the voters of the Commonwealth, secession was rejected 
and repudiated, by the election of delegates professedly opposed to 
that iniquity, nor that a still larger majority required that any act 
of that Convention. altering the fundamental law or affecting the 
relations of the State, should be submitted to the people, and with- 
out the approbation of a majority, expressed at the polls, should 
have no force or effect. 

The proceedings of that Convention up to the seventeenth of 


176 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


April last, were evidently intended by those in the secret to per- 
suade the members favorable to the perpetuity of the Union and 
the people at large, that it was intended to propose terms on which 
it could be maintained.—On the day named the mask was thrown 
aside and the Secession Ordinance was passed. This was done in 
secret session, and no immediate promulgation of the facts was 
made to the people; nor until since this Convention assembled, was 
the injunction of secrecy so far removed that the vote on the pas- 
sage of the ordinance was made public. It now appears that more 
than one-third of the whole Convention voted against it, and that 
nine members were absent. Up to this day the debates which pre- 
ceded the vote are concealed from the people, who are thus denied 
a knowledge of the causes which, in the opinion of the majority, 
rendered secession necessary and justified so gross a disregard of 
their Jately expressed will. 

Under the legislative act calling the Convention, from which 
alone that body derived its authority, and under the vote of the 
people provided for by that act, the secession ordinance had no 
legal effect until ratified at the polls by a majority of the voters of 
the Commonwealth. The leaders of the secession movement, whose 
conduct proved them to be conspirators against the State of Vir- 
ginia and the peace and welfare of her people, did not wait until 
the time fixed for this ratification to begin their overt acts of trea- 
son against the Government and people of the United States, as 
well as the State and people for whom they professed to act. - In- 
deed, two days before the adoption of the ordinance, with the con- 
nivance, or, as is alleged, in defiance of a feeble Executive, they 
levied war against both by sending their emissaries to capture the 
Harper’s Ferry Armory, and to obstruct the entrance of the har- 
bor on which is situated the Gosport Navy Yard.. This bold’ as- 
sumption of authority was followed by numerous acts of hostility 
against the United States; by the levy of troops to aid in the cap- 
ture of the National Capital and the subversion of the National 
authority, and, to crown the infamy of the conspirators, with whom 
the Executive had now coalesced, by an attempt, without even the 
pretence of authority or acquiescence of the people, to transfer 
their allegiance from the United States to a league of rebellious 
States, in arms against the former. 

In this state of things, the day arrived when the people were to 
vote for or against the Secession Ordinance. Threats of personal 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. Li 
, 
injury and other intimidations, such as had been uttered upon the 


floor of the usurping Convention against the remaining friends of 
the Union there, were used by the adherents of the conspirators 
in every ccounty of the State. Judges charged the Grand Juries 
that opposition to disunion would be punished as treasson against 
the Commonwealth; and the armed partizans of the conspirators 
in various places, arrested, plundered and exiled peaceable citi- 
zens, for no other crime than their adherence to the Union their 
fathers had constructed and under which they had been born and 
lived in prosperity and peace. We are not apprised by any official 
announcement of the result of the vote taken under such circum- 
stanees; but, Whatever the result may be, we denounce it as unfair 
and unjust, and as affording no evidence of the will of the people 
on the subject actually presented for their suffrages, and much less 
of their consent to the self-constituted oligarchy of the South. 

In the point of view in which this result, and the transactions 
_ which inevitably led to it, should be examined by the people of 
Virginia, it is unimportant whether secession was of itself de- 
sirable or not desirable; becanse the end cannot justify the means, 
if the latter are illegal and unholy. In the present case the great 
principle which underlies all free government: the principle that 
the will of the people is the supreme law, or as expressed in the Dec- 
laration of Independence, that ‘‘Governments derive their just pow- 
ers from the consent of the governed,’’ and in our own Bill of 
Rights, that ‘‘all power is vested in and consequently derived from 
the people.’’ has not only been violated and set at naught, but has 
been trampled under foot. Jn the call of the Convention, in the acts 
of that body, in the circumstances preceding and accompanying the 
late election, a continued effort has been made, with what success 
you know, not merely to desregard the will of the people, but to set 
at defiance, and to establish the counter principle that the few 
should govern the many. The men justly termed conspirators and 
usurpers, because they cannot show your warrant for their acts, 
were, when this Convention met, practically in full possession of 
avery branch of the State government, and still claim the right 
to exercise their usurped power; and if you submit to their acts 
of secession and affiliation with usurpers like themselves, you yield 
to them the right to govern you in perpetuity. Will your Bill of 
Rights and Constitution afford you any protection against those 
who have already violated both? Will your connection with a 


178 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


pretended Confederacy, in every State of which the leaders have 
openly and directly refused to submit their similar acts to the ap- 
proval or rejection of their people, aid you in the recovery of the 
fundamental right of which you have been so wantonly robbed? 

But is sceession right, or is 1t desirable if it is right? j;We will 
not amplify the argument on the first branch of this enquiry. The 
ratification of the Constitution of the United States by our own 
Commonwealth, in express terms, reserves the right to abrogate it 
to those by whom it was made, the People of the United States; 
thus repudiating in advance the modern doctrine of separate State 
secession This is in strict accordance with the views of our elder 
statesmen, whose patriotism and ability are held in reverence, not 
only by us and by our fellow citizens of the Union, but by good 
men throughout the world. It is the logic of every honest heart, 
that a contract, a compact, or call it what you will, can only be set 
aside by the joint act of those by whom it was made. 

But. why should secession be desirable? Why should Virginia 
desire to withdraw from that Union of which she has been for so 
Tong an honored member—that Union, the accomplishment of which 
illumines with the brightest rays her own history and the lives of 
her most distinguished sons? Shall it be said that what she toiled 
to achieve in 1787, was destroyed by her own act in 1861? Is there 
on the page of history the story of a nation that has risen more 
rapidly to prosperity and power, or more steadily advanced in in- 
tellectual and moral culture? There is no such nation, nor is there 
among the thirty-four States, one which has profited more by the 
association, or one which would suffer more from, its dissolution, 
as is sufficiently indicated by cur geographical position. 

Impressed with these views, the Northwestern counties of the 
State, knowing that a large majority of their people remained 
and would remain faithful to the Union under all circumstances, 
met in Convention at Wheeling on the 13th day of May last, to 
consult upon their condition and to take such steps as it might 
indicate. Jt was literally a mass Convention, and from the irregu- 
iar manner of the appointment cf its delegates, was not caleulated 
for the despatch of business. As the result of its deliberations, 
the Conventicn which now addresses you was called, the represen- 
tation in which is proportioned to that of the General Assembly. 
The number of counties actually represented is thirty-four, and 
we have reliable assurance that several which are now with us 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 179 


in spirit, will ere long be present by their regularly appointed 
delegates. Considering that in so many counties every ex- 
pression of opinion unfavorable to the conspirators is suppressed, 
the number already represented is larger than could have been 
anticipated. Several of the delegates present escaped from their 
counties at the risk of their lives, while others are still detained 
at home by force or menace against them or their families and 
property. Such is doubtless the case in other counties from: 
which we have no infermation. 

Two courses of action were presented to those who now address 
you upon their organization; both of which had been debated 
in the previous Convention at this place. The first was the im- 
mediate separation of the Western or Northwestern counties from 
the residue of the State. This was the result rather of a previous 
and growing belief, now amounting to conviction in the minds 
of all throughout this section of the State, that diversity, almost 
opposition of interests; different directions of the channels of 
trade, and the want of legislation adapted to their conditions, and 
indispensable to their moral and material prosperity, rendered the 
separation desirable under any and all circumstances. But 
aside from the constitutional requirements which made its ac- 
complishment almost impossible while hostilities continued, the 
consideration that to separate now, would be to separate from 
many who, under circumstances even more adverse than those by 
which they had been themselves surrounded, had maintained 
their loyalty te the Federal Government, caused the abandonment 
of this course at this time. On the other hand, a sense of duty 
to those who like themselves, were constrained to repudiate the 
action of the Richmond Convention and the State authorities, 
demanded that such a course should be taken as would enable all 
the loyal citizens of the Commonwealth to participate in its ad- 
vantages, and to enjoy the security it might offer. 

Besides submission to palpable usurpation, there was then 
but one alternative. namely, under the authority of numerous pre- 
eedents in the history of nations, to assume the conduct of the 
government, on the ground that those previously intrusted with 
its administration, by their numerous illegal and unconstitutional 
acts in plain derogation of the rights of the people, had, in the 
language of the Declaration of Independence, ‘‘abdicated govern- 
ment by declaring us out of their protection, and waging war 


180 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


against us;’’ whereby, in the words of the same instrument, “‘the 
legislative powers, incapable of annihilation, have returned to 
the people for their exercise.’’? This Convention, therefore, in 
humble, but, as they firmly believe, proper imitation of the sages 
of °76, have, ‘‘in the name and on behalf of the good people of 
Virginia,’ issued their Declaration, ‘‘that the preservation of 
their dearest rights and liberties, and their security in person and 
property, imperatively demand the reorganization of the govern- 
ment of the Commonwealth.’’ 

In pursuance of the Declaration, we have passed such ordinances 
as are immediately necessary to re-organize the government, and 
put it in operaticna. We have appointed a Governor, Lieutenant 
Governor, Attorney General and Executive Council, leaving to the 
General Assembly, which we have directed to be convened at a 
very early day. to fill, or to provide for filling, all other offices 
as soon as in their judgment, it can be properly done. The terms 
of the officers we have appointed, are limited to six months or until 
the election and qualification of their successors, for which the 
General Asscmbly is authority to provide at the earliest possible 
period. In all this, our fellow citizens will clearly perceive that 
there has been no disposition to assume any power or authority not 
demanded by the exigencies of their present unhappy condition, 
or to retain it longer than a regard for their highest interests 
may require. | 

In reply to remarks which have been made abroad, we deem 
it proper to say that we have seen no occasion to take any steps 
in reference to the debt of the State. The idea of the repudiation 
of any part of it which was legally contracted has not been ex- 
pressed or entertained by any member of the Convention. The 
only notice the subject has received, has been in connection with 
the proposed separation of the ‘Western counties, and whenever it 
has been thus named, those desirous of separation, have invariably 
expressed their willingness tc assume their equitable portion of 
the burden. Any promises of payment or projects of arrange- 
ment at this time, when the very existence of the Commonwealth 
is threatened, would be worse than idle. 


Under all these circumstances, with the firm conviction that 


the course adopted is the only one by which the State can be re- 
tained in the Union, and the liberties and rights of the people 
secured and perpetuated, we most earnestly call upon our loyal 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 181 


fellow-citizens in every county of the Commonwealth, who are not 
already represented in the General Assembly and in this Conven- 
tion, to elect members of the Legislature, and appoint Delegates 
to this body, at the earliest possible moment,—Writs of election 
will be issued by the Executive whenever it appears that they can 
be executed, and Representatives from every county will be most 
eordially received. No suspension or essential change of any; 
part of the Constitution of Laws of the Commonwealth, unless 
positively demanded by the exigencies of the times, will be made, 
until the will of the whole people or of their authorized represen- 
tatives, can be freely expressed and such changes as have been or 
may hereafter be so demanded, will be submitted for ratification 
at an early day. 

We eall upon the loyal citizens of the Commonwealth, to orga- 
nize and arm for its defense against the conspirators and usurpers 
at Richmond, and their aiders and abettors. Plans will imme- 
diately be devised to give to such organizations, the greatest effi- 
ciency. The General Government will aid and protect us to the 
utmost of their power, and will most unquestionably recognize the 
re-organized goverument, as the true and legitimate government 
of the State. They cannot and will not do otherwise. 

The re-organized Government appeals to the great body of the 
people, for countenance and support in this hour of great anxiety 
and trial... They do sc confidently, because, while there have been 
many defections from the great and holy cause of ‘‘Liberty and 
Union,’’ among those to whom you have been accustomed to look 
for political information and direction, there have been compara- 
lively few ameng yourselves. In this matter, which appeals to 
your dearest rights and interests, you have responded spontaneous-~ 
ly to the promptines of your honest hearts. Your own experi- 
ence has taught you the great benefits of the Union, and you 
recognize the great principle, that a government so beneficial in 
its operations, so mild in its requirements. so powerful to protect, 
and constituted as to diffuse throughout an immense territory 
the blessings of prosperity and happiness, ‘‘should not be changed 
for light and transient causes.’’. In every country where the 
free expression of your views has been permitted, your majori- 
ties in favor of the maintenance and perpetuity of the Union, 
have far exceeded the calculations of the most sanguine among 
your friends. Persevere then, in your most holy war against 


182 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


the corrupt and perjured oligarchy, who have usurped your gov- 
ernment, and would have sold you to the ambitious despots of an 
unholy affiliation. In such a cause, we may look for the bless- 
ings of that Holy One, who has made it a part of His Divine 
Providence, that those, who in purity of heart and purpose, strive 
for the preservation of their dearest rights, their homes and their 
country, although the struggle may be protracted for long and 
weary years, shall never strive in vain. 

By order of the Convention. 

Artuur I. BorEMAN, President. 
Gipson L. Cranmer, Secretary. 


JOURNAL | 


OF THE SECOND OR ADJOURNED SESSION, OF THE SEC- 
OND CONVENTION OF THE PEOPLE OF NORTHWEST- 
FRN VIRGINIA, RE-ASSEMBLED AT WHEELING, 
AUGUST 6, 1861, AND ADJOURNED SINE DIE AUGUST 
20TH, ENSUING. 


ADJOURNED SESSION—FIRST DAY, 
TUESDAY, AUGUST 6, 1861. 


The State Convention which adjourned on the 25th of June last 
re-assembled yesterday, pursuant to adjournment, at two P. M., in 
the United States Court Room in the Custom House of this city. 

THE PresipentT, Arthur I. Boreman, of Wood county, resumed 
the Chair and ealled the Convention to order. 

The sitting was opened with prayer by Rev. Gorden Battelle, of 
the M. E. Church. 

Mr. West, of Wetzel, offered the following preamble and resolu- 


tion, which were adopted: 


WHEREAS, The members of this Convention are satisfied that a large 
majority of the good and loyal citizens of Western Virginia are in favor of 
a division of the State, yet there seems to exist a difference of opinion 
as to the proper time, as well as the proper means to be used to effect 
the object; therefore 

Resolved, by the Convention, That in order to produce harmony and 
facilitate action, the President of the Convention appoint a committee 
consisting of one member from each county represented in this Conven- 
tion, whose duty it shall be to take the whole subject of a division of 
this State into consideration, as a basis upon which the Convention may 
act, and report to this body at the earliest day possible. 


Mr. Frost, of Jackson, moved, as several members of the Com- 
mittee on Credentials were absent, that three additional members 
be appointed. 

The motion was agreed to, and Messrs. Nicholls of Brooke, Cald- 
well, of Marshall, and Jackson of Lewis, were appointed. 

On motion of Mr. Van WINKLE of Wood, it was ordered that 
the Committee on Credentials have leave to sit during sessions of 
the Convention. 


184 ‘ PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


Mr. Frost presented the Credentials of James Smith of Jackson, 
as claimant to a seat in the Convention. 

The papers were referred to the appropriate Commitee! 

Mr. Fouey, of Doddridge, offered the following: 


Resolved, That the Committee on Business inquire into the expe- 
diency of repealing the Stay Law enacted at the late session! of the 
Legislature. 


On the question of adopting the resolution, Mr. Foley demanded 
the yeas and nays. 

The demand was not sustained, and the question being taken by 
yeas and nays, the resolution was lost. | 

Mr. VAN WINKLE offered the following series of resolutions of 
inquiry : 

1. Resolved, That the Committee on Business inquire into the expe- 


diency of abolishing the Board of Public Works and conferring the pow- 
ers and duties thereof on the Gévernor and Council. 


(Mr. VAn WINKLE said it would be remembered that a bill abol- 
ishing this board, passed the Legislature, but as the Constitution 
requires a three-fifths vote to abolish the Board of Public Works, 
and the vote by which it was passed, it was thought by some did 
not meet the requirements, that act might be null. This resolution 


merely proposed to make good that enactment. ) 


2. That the Committee on Business inquire into the propriety of de- 
volving on the Auditor elected under ordinance of this Convention, the 
duties of both the first and second (auditor, as prescribed by the Consti- 
tution and laws. 


3. That the Committee on Business inquire into the propriety of de- 
fining by ordinance what acts of persons lately holding office under the 
Commonwealth, shall be deemed (and taken to be such) as adhering 
to the Richmond Convention, and late Executive so as to vacate their 
offices under the last clause of the Declaration adopted by this Convention 
on the 17th day of June last. 

4. That the Committee on Business, be directed to inquire into the 
exepdiency of providing for the arrest and punishment of such persons 
as shall exercise or attempt to exercise the powers and authorities, or 
perform the duties of an office, which shall have been declared vacant 
under the ordinance of this Convention. 

5. That the Committee on Business, report an ordinance, declaring 
that the ordinances and other acts of the Convention which assembled - 
at Richmond on the 13th of February last, are null and void and of no 
force. 

6. That the Committee on Business report an ordinance providing 
for the publication of the ordinances of this Convention, and the public 
laws passed or hereafter to be passed by the General Assembly, in one 
newspaper printed in each county of the Commonwealth if ‘any there 
be, to be paid for at the same rates as are allowed for the newspaper 
publication of the laws of the United States. 


The resolutions were adopted and sent to the Committee on ‘Buss 
iness. 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 185 


Mr. VAN WINKLE remarked that as the Chairman of that Com- 
mittee (Mr. Carlile) was at Washington, as the second had not ar- 
rived, and the third had been Mr. Pierpont, now Governor, the 
fourth on the Committee, Mr. Hagans, of Preston, became the 
Chairman. | 3 

Mr. Hagans said he would waive the order in favor of the gen- 
tleman from. Wood, (Mr. Van Winkle). 

Mr. VAN WINKLE hoped the gentlemen would not do so, at least 
not till after calling the committee together. The committee could 
then make any arrangements they pleased. 

Mr. HaGans consented, and named eight [o’clock] next morning 
for a meeting of the Committee of Seventeen. 

Mr. Frost moved that when the Convention adjourn, it adjourn 
till 3 P. M. to-morrow. 

The motion was agreed to, and the Convention then adjourned. 


ADJOURNED SESSION—SECOND DAY. 


WEDNESDAY, AUGUST 7, 1861. 


The Convention met at three P. M. 

Minutes of yesterday were read and approved. 

Mr. Brown, of Preston, from the Committee on Credentials, pre- 
sented the report of that Committee, stating that George Koontz, 
of Jefferson, Blackwell Jackson, of Lewis, Thomas Cather of Taylor, 
Andrew Flesher! and James Scott of Jackson, are entitled to seats 
in the Convention as members of the same. 

THE CHarr stated that such of the gentlemen as were members of 
the Convention by virtue of their membership in the Legislature, 
would not need to take the oath, as they had already taken it in 
qualifying as members of the Legislature. 

Messrs, Koontz and Smith then came forward and the oath of 
office was administered to them by the President. 


Mr. Fuemrinea, of Harrison, offered the following resolution: 

Resolved, That the Committee on Business inquire into the expediency 
of reporting an Ordinance confiscating the real estate of all per- 
sons in this Commonwealth who have left their homes and taken up 
arms in rebellion against the government of the United States. 


Mr. Crane, of Randolph, said he did not see why they should 
subject the real estate to confiscation, and not the personal, of the 
1. In the report of the proceedings of this day, printed in the Intelligencer of 


Wheeling, it is stated that Andrew Flesher was from Mason county. This is an 
error. He was certainly from Jackson county.—V. A. L. 


186 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


parties named. He moved to amend the resolution so as to make it 
read ‘‘real and personal.’’ 

Mr. FLEMING accepted the amendment. 

The resolution was then adopted. 

Mr. Crane, of Randolph, offered the following: 


Resolved, That the Committee on Business inquire into the expedi- 
ency of allowing the Sheriffs and other collectors of the public revenue, 


an additional compensation to that now allowed by law for a limited 
time. 


Adopted. 


Mr. Farnsworth, of Upshur, offered the following : 


WHEREAS, The late Legislature refused to give its consent for a divis- 
ion of the State or the formation of a new State; and, whereas, we deem 
it necessary in compliance with the Constitution of the United States 
to have such consent before the creation of a new State, therefore 

Resolved, That we deem it unwise at this time for this Convention to 
take action for a division of the State, and that when it adjourns on 
Friday next, it will adjourn sine die. 


Mr. West moved to lay the resolution on the table. It was cal- 
culated to embarrass the prosecution of business, and he did not 
want to get into another snarl. 

Mr. VAN WINKLE moved to amend by referring the resolution to 
the committee on the subject raised yesterday. He subsequently 
withdrew the motion. 

Mr. Haaans said he was instructed by Dr. Parsons, who was un- 
well; to have him, sent for by the Sergeant-at-Arms, if any test vote 
should be taken. 

Mr. West thought the Convention should at once put down ev- 
erything calculated to impede its business, and of course such a 
resolution as this would do it. 

Mr. FARNSworTH demanded the yeas and nays. 

Mr. Crane, of Randolph, said it was his impression that accord- 
ing to the rules adopted for the government of the Convention, the 
resolution having been objected to, must lie over. 

Trim PRESIDENT said there was no such rule as far as he was 
aware. 

Mr. VAN WINKLE thought the resolution should take the same 
direction as the resolutions yesterday. He had made his motion to 
amend with that view. If the yeas and nays were to be called he 
would have to eall for a division of the question, for the resolution 
provides for two distinct objects, an expression of sentiment, as 
well as an adjournment. 

Mr. CRANE, of Randolph, thought the preamble might go to a 
committee, but the latter part could not. 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 187 


Mr. Martin, of Wetzel, wished to say a word or two about the 
disposition of the resolution. 

THE PRESIDENT said the question before the Convention was not 
debatable, and that the ey question was on the motion to divide 
the question. 

Mr. West had not understood the gentleman from Wood to call 
for a division of the question. His motion was to refer. If he did 
so, it was after the yeas and nays were demanded. After a motion 
to lay upon the table, there was no parliamentary rule that justified 
the division of the question. The motion to lay on the table car- 
ries the whole subject with it. : 

Mr. Frost had understood the gentleman from Wood to call for 
a division of the question. 

THE PRESIDENT—He did. 

Mr. Frost—He certainly did so before the call was made for 
the yeas and nays. 

THE PRESIDENT said it was for the Convention to decide whether 
they would divide, and whether they would lay the resolution on 
the table, or part of it. 

The question, shall the question be divided? was put and de- 
cided in the negative. 

The question recurred on laying the resolution on the table. 

On this question the yeas and nays, having been demanded and 


the demand sustained, were taken and resulted as follows: 


YEAS:—Messrs. Berkshire, Burley, Brown, Burdett, Broski, Barrick, 
Crawford, Crane of Preston, Crane of Randolph, Cather, Caldwell, Carska- 
don, Davidson, Douglas, Foley, Fleming, Hale, Hagans, Hooton, Howard, 
Jackson, Kramar, Koontz, Lightburn, Love, Martin of Wetzel, Mason, 
Michael, Myers, Nicholls, Smith, (C. W.) Slack, Snider, Swan, Taft, West, 
Withers, Williamson of Pleasants and Zinn.—39. . 

Nays:—Messrs. Atkinson, Boreman of Tyler, Barns, Brumfield, Downey, 
Farnsworth, Flesher, Fast, Frost, Graham, Harrison, Hubbard, Johnson, 
Logan, Porter, Ritchie, Smith (Fontain), Scott, Stuart, Trout, Todd, 
Van Winkle, Wilson, Watsor, and Boreman of Wood (President. )—25. 

Remainder of members absent. 


So the: motion prevailed, and the Seong went to the table. 

Tue Presipent said: ‘‘The gentleman from Doddridge (Mr. 
Foley) yesterday offered a resolution of inquiry in regard to a re- 
peal of the Stay Law, and asked for the yeas and nays upon it. 
The Chair decided at the time that there was not a sufficient num- 
ber up to sustain the demand: In [this] that he had been mistaken, 
not having read the rule since he left the Chair at the close of the 
other session. The rule requires seven besides the mover. He had 
confounded it with the rule requiring twenty to second a call for 


188 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


the previous question. The gentleman was entitled to the yeas and 
nays on his resolution. ’’ 
The resolution was read by the Clerk as follows: 


Resolved, That the Committee on Business inquire into the expediency 
of repealing the Stay Law passed during the late session of the Legisla- 
ture. 


Mr. Stuart said it was a mere resolution of inquiry, and he 
hoped the house would grant the gentleman the favor. 

THE PRESIDENT said the gentleman from Doddridge had a right 
to demand the yeas and nays, and he would now again put the 
question, is the demand for the yeas and nays sustained? 

A sufficient number rose, and the question on the adoption of 
the resolution was put. The roll was called and resulted yeas, 24; 
nays, 41. 

So the resolution was rejected. 

THE PRESIDENT then announced the following gentlemen as the 
Committee appointed under the resolution of the gentleman from 
Wetzel, (Mr. West.) 


COMMITTEE ON A DIVISION OF THE STATE, 


Messrs. West of Wetzel, Crawford of Hancock, Nicholls of Brooke, 
Wilson of Ohio, Burley of Marshall, Johnson of Tyler, Stuart of 
Doddridge, Williamson of Pleasants, Douglas of Ritchie, Van Win- 
kle of Wood, Flesher of Jackson, Wetzel of Mason, Brumfield of 
Wayne, Kramer of Monongalia, Barns of Marion, Cather of Taylor, 
Zinn of Preston, Parsons of Tucker, Crane of Randolph, Myers of 
Barbour, Smith of Upshur, Lightburn of Lewis, Withers of Guil- 
mer, Davis of Harrison, Graham of Wirt, Slack of Kanawha, Trout 
of Hampshire, Hawxhurst of Fairfax, and Miner of Alexandria. 

Mr. FLESHER offered the following resolutions: 


1. Resolved, That the Committee on a Division of the State be re- 
quested to inquire into the expediency of taking the sense of: the peo- 
ple in ail the counties lying west of a line from the northeast corner 
of Tennessee and running to the top of the Allegheny mountains to the 
State of Maryland, on the question of a division of the State. 

2. That the sense so required shall be taken by a vote in the usual 
forms at the several places of holding elections in the said counties, 
on a day fixed by this Convention in the month of October next. 

3. That if a majority of the voters shall cast their votes on that day 
in favor of a division of the State, the Legislature shall be requested 
and empowered to pass a law calling a Convention to assemble at the 
Capital at Wheeling, at as early a day as may be, for the purpose of 
forming a constitution, and doing all other things necessary to be done 
for the proper organizing of Western Virginia into a State to be called 
the State of New Virginia. 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 189 


The resolutions were referred to the Committee on a Division of 
the State. 
Mr. Topp, of Taylor, offered the following: 


WHEREAS, The Legislature of this Commonwealth, which met in 
Wheeling during the month of July, 1861, did refuse to give her consent 
for a division of the State, therefore 

Resolved, That this Convention deem it inexpedient at this time to fur- 
ther legislate on the subject. 


Referred to Committee on a Division of the State. 
Mr. VAN WINELE reported from that Committee, ordinances with 
the following titles: 


An Ordinance declaring nulJ and void the proceedings of the Rich- 
mond Convention of 1861. 


An Ordinance providing for the discharge of the duties of the office 
of Second Auditor. 


An Ordinance providing for the publication in newspapers of the 
Ordinances of this Convention and the laws passed by the General 
Assembly. 


An Ordinance providing for the discharge of the duties of the Board 
of Public Works. 


The ordinances thus reported were laid on the table, and ordered 
to be printed. 

Mr. Stuart moved to suspend the rule for the purpose of re- 
considering the vote referring the resolution offered by the gentle- 
man from Taylor (Mr. Todd.) 

Lost. 

Mr. VAN WINKLE moved that the convention, when it adjourn, 
adjourn to meet at 11 o’clock next morning. The Committees need 
more time than the Convention, and this would give them some 
time to prepare business. | 

The motion was agreed to. 

The Convention then adjourned. 


ADJOURNED SESSION—THIRD DAY. 
THURSDAY, AUGUST 8, 1861. 


The convention met at 11 A. M. 

Prayer by Rev. J. T. McClure, of the United Presbyterian 
Church. 

Minutes of yesterday were read and approved. 

Mr. CaruiLe said he had drawn up some resolutions which he 


190 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


desired to submit to the Convention as a sort of test of their senti- 
ment on a question which he believed had occupied their time since 
their meeting—a division of the State. He wished to offer some re- 
marks in support of them though he was advised that his health 
would-not permit him to enforce his views as he would like to. He 
would submit the resolutions merely as suggestive, and the Conven- 
tion could dispose of them as they saw fit. He then desired to give 
the reasons that forced themselves upon his mind, and brought him 
to the conclusion that action in the direction pointed out in the 
resolution should be at once taken. He read the resolutions as 
follows: 


Resolved, That the Committee on Business be instructed to report an 
ordinance providing for the formation of a separate State out of, and to 
be composed of the following counties, to-wit: Jefferson, Berkeley, Mor- 
gan, Hampshire, Hardy, Barbour, Braxton, Brooke, Cabell, Calhoun, 
Clay, Doddridge, Gilmer, Hancock, Harrison, Jackson, Kanawha, 
Lewis, Marion, Marshall, Mason, Monongalia, Ohio, Pleasants, 
Ritchie, Putnam, Randolph, Preston, Roane, Taylor, Tucker, Tyler, Up- 
shur, Wood, Wayne, Webster, Wirt, Wetzel.—38. 

2. That the Committee on Business be instructed to report an ordi- 
nance providing that any county lying contiguous to the boundary pro- 
posed for the new State, a majority of whose people shall express a de- 
sire to be admitted into the proposed new State, shall form a part 


thereof. 
3. That the same Committee be instructed to report a constitution 


and form of government for the said proposed State, to be submitted 
to the people thereof for ratification or rejection, at the polls, on the 4th 
day of October next, and at the same time the sense of said voters to be 
taken on the question of the formation of said new State. 


Mr. Caruite followed at length in support of his resolutions, and 
was replied to briefly by Mr. Stuart, who moved to lay the resolu- 
tions on the table. 

[The remarks of these gentlemen will appear as early as practi- 
eable.—Hditor |. ; 

Mr. Sniper demanded the yeas and nays, and the demand was 
sustained. 

Mr. Crane, of Randolph, did not think the resolutions ought to 
be laid on the table. They had already wasted an hour in the dis- 
cussion— 

Mr. Stuart inquired if the motion to table was debatable at 
this time. 

THE PRESIDENT said the merits of the question could not be 
argued. 

4. The speeches of John §. Carlile and Chapman J. Stuart, here referred te 
by the editor, were printed in the Daily Intelligencer of Wheeling, August 10, 1861, 


and are reproduced therefrom in full in Appendix B at the end of the Journal of 
this session of the conyention.—V. A. L. 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 191 


_ 

Mr. Crane had desired to say something on the merits of the 
question, but supposed under the rule he would be precluded. He 
had always, in his short experience, opposed laying resolutions on 
the table as a waste of time. An indefinite postponement effected 
something, as it was generally equivalent to a defeat, but laying on 
the table only gave time for a renewal of the fight, exhausting our 
energies, and consuming time without accomplishing anything.—- 

Tue PRESIDENT read the rule, that ‘‘when a motion to lay on the 
table is made, there shall be no debate on that or on any incidental 
question arising out of it.”’ 

Mr. CRANE gave way. 

Mr. Caupweuu, of Marshall, moved that the gentleman from 
Randolph be permitted to discuss not only the motion to lay upon 
the table but the merits of the question. 

Mr. LigHTBuURN said he intended to vote for the resolutions, but 
as the hour of 12 had passed, he moved a recess till 2 o’cloek, 

Mr. Hooton called the previous question of laying on the table. 

Mr. Dorsty rose to a point of order, and inquired if a motion to 
adjourn could be entertained. when a question was about to be 
put? 

Tue PRESIDENT thought not after having proceeded to take the 
vote; but sometimes a question was discussed for days, and if they 
could not take a recess they would have to sit a good while without 
anything to eat. 

' Mr. Stuart inquired if the question would not have to be put 
before the motion to adjourn could be entertained ? 

Tur PRESIDENT thought not. 

Mr. Dorsty desired to know whether any business could inter- 
vene between the calling for the yeas and nays, and the putting 
of the question itself. 

Mr. CARLILE said his little experience taught him that a motion 
to adjourn can be put at any time after the yeas and nays have 
been ordered, before a response to the call. A motion to adjourn 
was always in order under their rules, and under general parlia- 
mentary law. 

Mr. LigutTpurN had madé his motion because, under the motion 
of the gentleman from Marshall, time would be consumed in a dis- 
cussion that could not now be so disposed of. If he would with- 
draw the motion to allow the discussion to proceed, he (Lightburn) 
would withdraw his, otherwise, he must insist on it. 


192 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


Mr. CALDWELL declined to do so. 
The question was then put, and the Convention took a recess till 
2P.M. | . 


7 


b 
AFTERNOON SESSION. 


, 


Convention met at two o’clock. 

Tue PRESIDENT said the pending question was, ‘‘Shall the mem- 
ber from Randolph be permitted to address the House on the merits 
of the question of laying the resolutions offered by the gentleman 
from Harrison upon the table.’’ 

A running discussion of some length ensued. 

Mr. CRANE did not wish the matter to be pressed. 

Mr. NicHouis asked his friend from Doddridge to withdraw his 
motion to lay on the table, in order that he might make a motion to 
refer to the Committee on a Division of the State. 

THE PRESIDENT said it could not be done. 

After some further parley, the yeas and nays, having been or- 
dered on the question to lay the resolutions on the table, were ta- 
ken and resulted as follows: 


YEAS:—Messrs. Atkinson, Boreman of Tyler, Barns, Burley, Broski, 
Barrick, Crawford, Caldwell, Carskadon, Downey, Flesher, Fast, Gist, 
Graham, Harrison, Hubbard, Hawxhurst, Johnson, Koontz, Lamb, Mason, 
Nicholls, Porter, Polsley. Ritchie, Smith (Jas. H.), Smith (Fontain), Stu- 
art, Tarr, Trout, Todd, Van Winkle, West, Watson, Farnsworth, Slack, 
and Boreman of Wood (President. )—37. 

Nays:—Messrs. Brown, Burdett, Cather, Carlile, Crane of Preston, 
Crane of Randolph, Dorsey. Douglass, Ferrell, Fleming, Hale, Hagans, 
Hooton, Howard, Jackson, Kramer, Lightburn, Love, Martin, of Wetzel, 
Myers, Michael, Price, Smith of Pleasants, Scott, Snider, Swan, ‘Withers, 
Williamson of Pleasants, Wilson, Zinn, Frost and Davidson—35. 


So the motion to table the resolution prevailed. 

Mr. Brown from the Committee on Credentials, reported ad- 
versely on the claims to a seat in the Convention of Jonathan Rob- 
erts, of Alexandria. He said it was desired that the case should 
come before the Convention for its action. 

Mr. Hawxuurst moved that the credentials be read. They were — 
so read, and after some discussion, Mr. LigntBuRN moved their re- 
commitment, which was agreed to. 

Mr. ZINN presented a petition of citizens of Preston county, 
praying for a division of the State, which on his motion, was re- 
ferred to the Committee on Division of State. 

Mr. West offered the following resolution: 


Resolved, That the appropriate Committee be instructed to report an 
ordinance to so amend the Constitution of the State as to provide for 


THE PropLte or NorrHweEsteRN VIRGINIA IN 1861. 193 


the creation of new counties of a less area than is required at pres- 
ent by the Constitution. 


Mr. VAN WINKLE moved a reference to the Committee on Busi- 
ness; which was agreed to. 

Mr. Hooton presented three other petitions from citizens of 
Preston, similar to that offered by his colleague. 

They were referred to the same committee as the others. 

Mr. Farnsworts offered the following resolution: 


Resolved, That all persons claiming the right to vote at any election, 
shall be required before doing so, to take the oath of allegiance 
as adopted and prescribed by the Convention which met in Wheeling 
on the llth day of June last: Provided, howéver, that all persons hav- 
ing once taken the oath, shall not be required to take it a second time; 
nor shall any person refusing to take such oath be eligible or serve on 
grand or petit juries. 


An extended discussion upon this resolution took place. 

Messrs. CARLILE, CRANE of Randolph, and VAN WINKLE opposed 
its adoption. 

FontaIn Smitu advocated it. 

Mr. CAruiLE moved to indefinitely postpone. 

Mr. West opposed the indefinite postponement. 

Mr. Dorsry said if the gentleman from Harrison would with- 
draw hiS motion, he would move that the resolution be referred to 
the Committee on Business. 

Mr. CARLILE withdrew it. 

Mr. Dorsty moved the reference indicated. 

Mr. FarnswortsH rose for the purpose of withdrawing the reso- 


lution. _He had been really somewhat opposed to the sentiment of 


the resolution and had offered it more in compliance with the wish- 
es of his constituents than his own. But since there had been so 
much said about the merits of it he did not think it after all so 
very objectionable. He withdrew it. 

THE PRESIDENT decided that it could not be withdrawn. A mo- 
tion, had been made by the gentleman from Monongalia to refer. 

The question on referring to the Committee on Business was ta- 
ken and decided in the affirmative. 

Mr. Ligutpurn offered the following which was referred to the 
same committee: 


Resolved, That the Constitution be so amended as to render all per- 
sons ineligible to hold any office of profit or trust in the Commonweaith 
who voted for the ordinance, and yet adhere to the doctrine of seces- 


sion. 


+ 


Mr. Martin of Wetzel offered the following, which was simi- 
larly referred : 


. 
194 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


Resolved, That all persons having taken the oath required of the offi- 
cers of the government who since have voted for the Ordinance of Se- 
eession, and all other persons having before and after voted for said 
Ordinance advanced secession principles, shall be disqualified for exer- 
cising the functions of any office in the Commonwealth during hostilities 
between the United States and the seceded States. 


Mr. Van WINKLE offered the following, which was adopted: 


Resolved, That all resolutions or motions requiring the enactment of 
ordinances or laws, shall not be acted upon by the Convention until 
the same shall have been reported upon by a committee. 


He also moved that the consideration of the ordinances reported 
by the Committee on Business be made the order of the day for to- 
morrow at eleven o’clock. 

The motion was agreed to. 

Mr. Davipson observed that Mr. Smith of Upshur, who had been 
appointed on the Committee on a Division of State, was not pres- 
ent in the Convention, and moved that Mr. Farnsworth be ap- 
pointed in lieu of him. 

The motion was agreed to and Mr. Farnsworth appointed. 

The Convention then adjourned until eleven o’clock to-morrow. 


ADJOURNED SESSION—FOURTH DAY, 


FRIDAY, AUGUST 93 iacie 


The Convention met at 11 A. M. 

Prayer by Rev. 8. R. Brockunier, of the M. E. Church. 
Minutes read and approved, with a slight amendment. 

The ordinances reported by the Committee on Business, which 


came up as the order of the day, were taken up, and the following 
passed : 


An Ordinance, providing for the discharge of the duties of the Board of 
Public Works. ; 


The people of Virginia by their Delegates assembled in Convention at 
Wheeling do ordain as follows: 5 

1. Until the General Assembly shall direct an election of members 
of the Board of Public Works, and the same shall be duly elected and 
qualified, the Governor and Auditor and Treasurer shall constitute the 
said Board. and shall exercise the authority and discharge the duties 
thereof. ‘The Secretary of the Commonwealth shall discharge the duties 
of the Clerk of said Board. 

2. This Ordinance shall take effect from its passage. 


An Ordinance, providing for the discharge of the duties of the office of 
Second Auditor. 


The people of Virginia, by their Delegates assembled in Convention at 
Wheeling, do ordain as follows: 


1. The duties of the office of Second Auditor, as prescribed by the laws 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 195 


now in force, shall, until the vacancy now existing in said office is filled 
by the General Assembly, be discharged by the Auditor of Public Ac- 
counts, without additional compensation. 

2. This Ordinance shall take effect from its passage; and may be al- 
tered or repealed by the Gencral Assembly. 


An Ordinance declaring null and void the proceedings of Richmond Con- 
vention of 1861. 


The people of Virginia, by their delegates assembled in Convention at 
Wheeling, do ordain as follows: 

All Ordinances, Acts, Orders, Resolutions and other proceedings of 
the Convention which assenibled at Richmond on the thirteenth day of 
February last, being without the authority of the people of Virginia con- 
stitutionally given, and in derogation of their rights, are hereby declared 
illegal, inoperative, null, void and without force or effect. 


The following was also considered and rejected by 32 yeas to 
38 nays, Mr. Carlile having called for the yeas and nays. 


An Ordinance providing for the publication in newspapers of the Ordi- 
nances of the Convention, and the Public Laws passed by the Gen- 
eral Assembly. 


The People of Virginia, by their Delegates assembled in Convention at 
Wheeling, do ordain as follows: 

1. The Ordinances of this Convention, heretofore and hereafter passed, 
and the Acts of the General Assembly passed at its recent session, and 
all public Acts hereafter passed by that body, shall be published, once 
only, in two newspapers printed at the seat of Government, one of which 
shall be in the German language, and in one newspaper printed in each 
County of the State, if any there be. The said newspapers shall be des- 
ignated by the Governor, and shall be paid for such publication at the 
rates allowed for the newspaper publication of the Laws of the United 
States. = 

2. It shall be the duty of the Secretary of this Convention and the 
Clerk of the House of Delegates, to furnish to the publishers of the news- 
papers designated by the Governor, as soon as practicable, accurate writ- 
ten or printed cepies of the Ordinances of the Conventicn and Acts of 
the General Assembly heretofore passed, and immediately upon their 
passage, similar copies of such Ordinances and Acts as may be hereafter 
passed by those bodies respectively. 

3. Proclamation and other instruments of a general nature, or re- 
lating to the Commonwealth at large, emanating from the Executive De- 
partment and Offices, and required to be published, shall be inserted in 
the same newspapers as many times as may be directed by the Governor, 
and be paid for at the usual advertising rates. The Secretary of the 
Commonwealth shall furnish to said newspapers accurate written or 
printed copies of such Prociamations and other instruments. 

4. This Ordinance shall take effect from its passage and be in force 
until amended or repealed by the Legislature. 


The consideration of these ordinances occupied nearly the whole 
of the session. Mr. VAN WINKLE, who reported them from the 
Committee on Business, explained and advoeated all of them. 

The principal discussion occurred upon the rejected ordinance, 
providing for the publication of the public laws and ordinances. 


196 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


It was advocated. by Messrs. Van Winkle, Frost and Boreman of 

Tyler, and opposed by Messsrs. Nicholls; Crane of Randolph, and 

Carlile, each of whom spoke upon it. : | 
Mr. Kramer offered the following as a substitute: 


The people of Virginia, by their delegates assembled in Convention at 
Wheeling do ordain as follows: 

That 20,000 copies of the Ordinances of this Convention, and Public Laws 
passed by the General Assembly, be published and distributed among the 
members of the Convention for publication. 


Mr. CraneE moved to substitute 10,000 copies. 

Lost. 

The substitute was rejected. 

So the Convention refused to take action looking to the Bk 
tion of the public laws. 

Mr. Brown, from the Committee on Credentials again reported 
adversely on the claims of Jonathan Roberts, of Alexandria, to a 
seat in the Convention. 

The credentials were laid upon the table. 

Mr. Dorsry moved an adjournment, but withdrew the motion to 
allow 

Mr. Buruey to offer the following resolution : 


Resolved. That when the Convention adjourn tomorrow it will adjourn - 


sine die. 

Mr. BuruEy remarked that he offered the resolution in good 
faith. He did not think it necessary for the Convention to remain 
here any longer. He had discovered that they were not getting 
along as well as they might, and he thought this would afford plenty 
of time, if they would be more industrious to do all the work there 
was to do. ‘‘I have been in the committee this morning. I find 
there is nothing before it except this Division question. There is a 
sub-committee to draft a bill and I think they should be able to 
prepare that at a very early hour in the morning, and the Conven- 
tion has nothing before them but to act upon it.’’ 

Mr. West—‘‘I rise for a two-fold purpose, and whether I ean ac- 
complish both or either one, I do not know. My object is to give 
the resolution of my respected friend from Marshall—Old Jimmy 
—I am old Jimmy, too,’’—(laughter). 

Tue PRESIDENT—Gentlemen will forbear calling one another by 
name. 

Mr. West—‘ We know each other; we do that by way of compli- 
ment to each other. (Laughter.) However, I have had a good deal 
of this sort of experience, and I find that a motion of this kind has 


ae 


_—--" 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 197 


never failed to clog the wheels of the progress of legislation. As 
certain as the sun rose this morning and will rise tomorrow morn- 
ing if that resolution is not disposed of today, it has to be dis- 
posed of at some other time; and whenever it is, it must embarrass 
our action; and I know the gentleman from Marshall does not in- 
tend to elog and impede the progress of this House. But I do know 
one more thing, that there will be an effort to adjourn this Conven- 
tion before this question of Division is decided upon; and I do 
know, Sir, as well as I know that, that if such is the fact. and we 
so adjourn, we go home to an insulted constituency. We go home 
to a constituency that has just cause to be insulted. Did they send 
us here to play and trifle with them? Did they send us tere. Sir, 
to act as a mockery upon their expressed desires ?’’ 

Mr. Van WINKLE—‘‘ Will the gentleman give way for a mo- 
ment?’’ 

Mr. WrEst—‘‘ Yes, Sir.’’ 

Mr. VAN WINKLE—‘‘Mr. President, I move to adjourn.”’ 

Mr. West—‘Not for an adjournment,—(Laughter). I cannot 
give way for an adjournment.’’ 

THE PRESIDENT said the motion was not in order, the gentleman 
was making a speech. 

Mr. VAN WINKLE—‘‘He gave way, Sir.’’ 

THEr Presipent—‘‘ He was interrupted.’’ 

Mr. West—‘I know my good friend from Wood does not intend 
to deprive me of the privilege of speaking, because I believe, if I 
am not mistaken, he is a new State man himself. The gentleman 
from Wood knows that there is something more in that than just 
black and white. I think that every thinking man who is a new 
State man, knows that there is something more in that than merely 
a piece of paper writing—’”’ 

Mr. Burtey—‘‘I do not wish the gentleman to labor under a mis- 
take too long at a time without correcting it. I assure you. Sir, if 
there is any honor in man, I had no such object in view in offer- 
ing the resolution as he attributed to me. I do so, believing that 
we have plenty of time to consider and act on the question the gen- 
tleman desires, and do it right if gentlemen will only go to work 
and improve the time. I insisted on a meeting of the committee 
yesterday, but it was very warm, and gentlemen thought it would 
be too much labor, and there we were all the afternoon lounging 
about doing nothing. I do not know for my part when this Con- 
vention is going to adjourn if we are allowed to go on in this 


198 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


kind of style. I do not wish to choke off any gentleman, or choke 
off any measure here. I want everything done fairly and honestly. 
If this question is entitled to more consideration let it be granted; 
but I am one of the last that wants to remain here doing nothing 
and taxing the community with it.’’ 

Mr. West—‘‘T move a recess until three o’clock.’’ ° 

Mr. VAN WINKLE—‘‘T move as an amendment, to adjourn.’’ 

The motion was put and the Convention adjourned. 


ADJOURNED SESSION—FIFTH DAY, 


SATURDAY, AUGUST 10, 1861. 


The Convention assembled at the regular hour. 

Prayer by Rev. John M. Phelps, of the M. E. Church. 

Mr. Van WINKLE inquired if the resolution of the gentleman 
from Marshall, pending when the Convention adjourned yesterday, 
was the business in order. 

THE PRESIDENT stated that the resolution had been withdrawn. 

Mr. VAN WINKLE then desired to report some ordinances from 
the Committee on Business. ; 

Mr. West said the Committee on a Division of the State was 
prepared to report. He wished the report to be received and read, 
so that if there should be any substitutes offered they could be 
offered at once, and all be printed and come up for consideration 
at the same time. . 

THE PRESIDENT said there was a question of privilege for the 
Convention to decide upon. A gentleman was here claiming a seat, 
and it was proper that the case should be decided upon before any 
important vote came up. The Committee on Credentials had re- 
ported adversely on his claims and the report laid on the table. 
This matter took precedence. 

Tue Secrerary read the report of the Committee on Credentials 
reporting adversely upon the claims of Jonathan Roberts, of Fair- 
fax county, to a seat in the Convention. 

Mr. Hawxuurst moved that the report of the Committee be dis- 
agreed to. 

Mr. Hooron, on that question, demanded the yeas and nays and 
the demand was sustained. 

Quite a lengthy discussion ensued upon the claims of Mr. Rob- 
erts to a seat, and the whole subject was thoroughly ventilated. 


THE PEOPLE oF NORTHWESTERN VIRGINIA IN 1861. 199 


At length Mr. Stuart demanded the previous question, which 
was taken by yeas and nays, and resulted—yeas 33, nays 39. 

So the motion to disagree with the adverse report of the Com- 
mittee was not agreed to. 

Mr. Frost moved to lay the report upon the table. 

The motion was lost. 

The question on concurring in the report recurring, it was put 
and decided in the affirmative. 

So the Convention refused to admit Mr. Roberts to a seat. 


Mr. Lamp offered the following resolution: 
- Resolved, That the Secretary procure, if practicable. a file of the pa- 
pers and proceedings of this Convention, the papers and proceedings of 
the Convention which assembled in the city of Wheeling on the 13th of 
May last, together with the pavers and proceedings of the Central and 
other Committees thereby appointed. 


Mr. Catuer offered the following: 


WHEREAS, a portion of the people of the Southern States, in violation 
of their constitutional obligations, have attempted a dissolution of this 
Union and have thus precipitated the country into civil war; therefore, 

Resolved. That the action of Cengress, in voting men and money to 
suppress the rebellion and preserve the Union, receives the hearty ap- 
proval of this Cenvention. 


Mr. JouHnson offered the following: 
Resolved, That the Committee on Business inquire into the expediency 
of reporting an ordinance providing for the repair of State arms. 


Mr. Frost offered the following: 


Resolved, That the Committee on Business inquire whether any addi- 
tional legislation is required to give efficiency to an act passed at the 
iate session of the Generali Assembly, entitled “An Act to prevent offences 
against the Commonwealth, and provide for the organization of patrols 
during the war,’ and that they report by ordinance or otherwise. 


Mr. Pousuey offered the following: 


Resolved,.' That the Commiitee on Business be instructed to prepare and 
report an ordinance for the immediate and thorough re-organization of 
the militia, and for the more frequent and regular training of the same. 


Mr. Farnswortnt offered the following: 


Resolved, That the Committee on Business be instructed to inquire into 
the expediency of appointing collectors on the Clarksburg, Buckhannon 
and F’rench Creek Turnpike, and the Staunton and Parkersburg Turnpike, 
and the receiving of the tolls already collected; and making some pro- 
vision for the repairing of the said roads, which are becoming in bad 
repair by the increased use of the roads by the U. S. troops. 


All of which were adopted. 
Mr. Fast offered the following: 


Resolved, That the Committee on Business inquire into the expediency 
of changing the name of the county of Wise to that of Douglas, or some 
other name more honorable than that of Wise. (Laughter.) 


FontTain Smite moved to lay it upon the table. 
The motion was rejected, and the resolution adopted. 


200 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


Mr. Rircuie offered the following: 


1. Resolved, That we are unalterably opposed to any compromise with 
the rebels, short of laying down their arms and returning to their al- 
legiance to the United States Government; and that we will hold all who 
aid and abet any such compromise, as enemies not only to the government 
of our fathers, but as enemies to human liberty throughout the world. 

2. Resolved, That we will aid the Administration at Washington in sup- 
pressing the rebellion with all our powers, beth morally and physically, 
and studiously guard against al] acts and doing that would militate in the 
least degree against the Union cause or embarrass the Administration in 
putting down the rebellion. 


Laid upon the table and ordered to be printed. 

Mr. CraAnrE moved the reading of the report of the Committee 
on a Division of the State. 

The report, being an ordinance providing Fone a division of the 
State and the erection of a new State, was read. 

After a good deal of parley, the rule was suspended to allow a 
number of substitutes for the ordinance to be offered. 

The following gentlemen offered substitutes: Messrs. Dorsey, 
Kramer, Burley, Farnsworth, Zinn, Brown, Martin of Weitzel, and 
Flesher. 

The ordinance and all the substitutes, together with a minority 
report offered by Mr. Johnson, were ordered to be printed, and 
upon motion of Mr. Paxton, were made the special order for Tues- 
day at 10 o’clock, and to continue the order each day until dis- 
posed of. 

Mr. VAN WINKLE, from the Committee on Business, reported 
ordinances with the following titles, which were laid on the table 
and ordered to be printed: 


An Ordinance in regard te the collection of the public revenue. 


An Ordinance ascertaining and declaring in what cases offices are va- 
cated under the Declaration of June, 1861. 


An Ordinance providing for the punishment of certain offences. 
The Convention then adjourned to Monday. 


ADJOURNED SESSION—SIATH DAY, 


MONDAY, AUGUST 12, 1861. 


The Convention met at the regular hour, and was opened with 
prayer by Rev. Gideon Martin, of the M. E. Church. 

Minutes read and approved. 

Mr. Lamp, from the Committee on Credentials, reported that 
George C. Bowyer, a member of the House of Delegates from Put- 
nam county, was entitled as such to a seat in the Convention. 





THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 201 


Mr. Pousuey called attention to the fact that the delegates from 
that county were also present, and moved that they be qualified and 
take their seats. 

The three gentlemen then came forward and the oath was admin- 
istered to them by the President. . 

‘Mr. VAN WINKLE, from the Committee on Business, reported on 
the following resolutions of inquiry, referred to that Committee, 
that they deemed it inexpedient to legislate upon them at this 
time : 

The resolution offered by Mr. Farnsworth, relative to appointing 
collectors of toll on the Clarksburg, Buckhannon and French Creek 
Turnpike and the Staunton and Parkersburg Turnpike and the re- 
pairing of the same. 

The resolution offered by Mr. Johnson, relative to repairing 
State arms. 

That offered by Mr. West relative to so changing the constitution 
as to allow counties to be organized with a less area than’ now al- 
lowed. 

That offered by Mr. Fleming relative to the confiscation of the 
real and personal estate of parties engaged in the rebellion. 

THE CHAIRMAN said it was not deemed expedient at this time to 
act upon this resolution because the act of the United States was 
not before the Committee, not but that something might hereafter 
be necessary to be done on this subject. 

That offered as to allow counties to be organized with a less area 
than now allowed. 

That offered by Mr. Fast relative to changing the name of Wise 
County. | 


The reports on Mr. Farnsworth’s, Mr. Johnson’s, Mr. Fleming’s, 
and Mr. Fast’s resolutions were concurred in. 

That on Mr. West’s was laid upon the table. 

The ordinances reported from the Committee on Business com- 
ing up for consideration, the ordinance in relation to the collec- 
tion of public revenue was, after considerable discussion, passed as 
follows: 


An Ordinance in relation to the Collection of the Public Revenue. 


The People of Virginia, by their Delegates assembled in Convention, at 
Wheeling, do ordain as fofllows: 

1. There shall be allowed to every Sheriff and Collector, for collecting 
the revenue levied in the year 1861, in addition to that now allowed by 
law, a commission of two and one-half per centum on the amount of taxes 
with which he is chargeable, and if the Sheriff or Collector of any county 


202 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


or Corporation, where the amount of taxes with which he is chargeable 
does not exceed the sum of ten thousand dollars, shall pay the same, or 
any part thereof, into the Treasury within the time now required by law, 
he shall be allowed a further additional commission of two and one-half 
per centum on the amount so paid. 

2. ‘This Ordinance shall be in force from its passage and may be altered 
or repealed by the General Assembly. 


The second ordinance under consideration being ‘‘An ordinance 
ascertaining and declaring in what eases offices are vacated under 
the act of June 17, 1861,’’ was taken up and subjected to a very 
lengthy and critical discussion. ) 

It was finally recommitted to the Committee on Business, and 
the Convention took a recess till three o’clock. 


AFTERNOON SESSION. 


The Convention re-assembled at three P. M. 
The following ordinance was taken up and after considerable 
discussion, was passed: 


An Ordinance to Provide for the Punishment of Certain Offences, and for 
Other Purposés. 


The people of Virginia, by their delegates assembled in Convention, at 
Wheeling, do ordain as follows: 

1. EHvery former-incumbent of an office which has been, or shall be de- 
clared vacant by any Declaration or Ordinance of this Convention, or any 
Act of the General Assembly, who shall exercise; or attempt to exercise, 
the functions of such office, shall be deemed guilty of a misdemeanor, and 
upon conviction thereof, shall be punished by a fine not exceeding one 
thousand dollars, and imprisonment in the County Jail not exceed- 
ing one year. 

2. The office of any person who has heretofore taken and subscribed, or 
shall hereafter take and subscribe, the oath or affirmation, prescribed by 
the Ordinance of this Convention; entitled “An Ordinance for the Re-or- 
ganization of the State Government,” and who after taking and subscrib- 
ing such oath or affirmation, shall by any overt act, or by publicly writing 
or speaking. support and uphold, or attempt to support and uphold the 
usurped government at Richmond, or the pretended government of the so- 
called Confederate States, is hereby declared vacant, and the Governor, if 
satisfactory evidence be produced thereof, upon due notice of the charge 
to the party to be effected thereby, shall proceed to fill such vacancy, or 
cause the same to be filled in the mode prescribed by the fifth section of 
the above cited Ordinance. But nothing herein contained shall prevent the 
indictment and punishment of such persons for the crime of perjury. 

3. This Ordinance shall be in force from its passage, and may be al- 
tered or renealed by the General Assembly. 


Mr. Crane offered the following resolution which was adopted: 


Resolved, That the Committee on Business inquire into the expediency 
of providing. by ordinance, for the punishment of all citizens of this Com- 
monwealth who are known to be in, or who shall hereafter enter the Con- 
federate army either as citizens or soldiers and all persons who shall 
hereafter give money, property or counsel to the Confederate army. 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 203 


Mr. VAN WINKLE offered the following, which was adopted: 


Resolwed, That all the Ordinances reported by the Committee on Busi- 
ness at the present session, or which have been or may hereafter be passed 
by the Convention, shall be recommitted to the said committee for revision 
before being reported. 


The Convention then adjourned. 
ADJOURNED SESSION—SEVENTH DAY, 
TUHSDAY, AUGUST 13, 1861. 


The Convention met at 10 A. M. 

Prayer by Rev Wesley Smith. 

Minutes read and approved. 

THE PRESIDENT presented a communication from Lot Bowen of 
Harrison, resigning his seat in the Convention, in consequence of 
his relations with the United States Army preventing his attend- 
ance. 

Mr. VAN WINKLE moved to lay the communication on the table. 

Agreed to. 

The order of the day, it being the ordinance reported by the 
Committee on the Division of State, and the substitute for the 
same, was taken up. 

Mr. Frost moved to pass by the order of the day for the pres- 
ent, to enable some unfinished business to be considered. 

Mr. West hoped the gentleman would not insist on the motion. 
He thought all other considerations subordinate to the question 
now before them. 

Mr. FarnswortH asked the member from Jackson to withdraw 
his motion for the present, to allow him to withdraw his proposi- 
tion now before the Convention, and offer another as a compro- 
misory substitute for the whole matter before the Convention. 

Mr. Frost withdrew the motion. 

Mr. FarnswortH asked leave to withdraw his proposition, which 
was granted. 

He then offered the substitute, which was read by the Clerk, and 
ordered to be printed, not as a substitute for the whole, but sim- 
ply in place of the one withdrawn, as a substitute for the report 
of the Committee. 

The order of the day again recurring, 

Mr. Frost renewed his motion to pass by for the present. He 
said there were some gentlemen who had not expected the discussion 


204 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


to come up till to-morrow, now absent, and he desired to afford thei 
an opportunity to be present when it came up. 

Mr. CRANE opposed passing by. The Convention were here on ex- 
pense, and the gentlemen could get here before a vote would be 
taken. 

The subject was one of great importance, and one upon which 
patriots. and statesmen ought not to be divided. If now was not 
the time to consider it, would some gentleman tell him when would 
be the time? He believed the only questions that would divide them 
were the questions of boundary and of time, and he thought they 
might as well consider them to-day as any other time. 

Mr. Stuart opposed passing by this morning. He wanted to 
act on the propositions at once, as they had already elicited one 
argument and soon would elicit others, to relieve gentlemen of their 
arguments as fast as possible, as he understood there were a great 
many who desired to be relieved. If the discussion was to take 
place the sooner the better. 

Mr. West would prefer to proceed at once. He did not intend 
now to enter into the subject. He was sure if he did, the gentle- 
man from Doddridge would take advantage of the opportunity 
offered him to make another speech. He would only say that it 
was a very important and interesting matter—the only subject, in- 


deed, before the Convention that particularly interested the peo- — 


ple. He was not particular whether it was passed by for one day 


or not, as there was other business that could very well occupy 


one day, and that would come up tomorrow. His own preference 
was, however, to proceed. 

Mr. Sniper demanded the yeas and nays on the question of 
passing by the consideration of the order of the day, and being ta- 
ken they resulted, yeas 8, nays 62. 

So the Convention refused to pass by. 

The question then recurred on adopting the report of the Com- 
mittee on a Division of the State. 

Mr. West presented as that report the following ordinance, 
which was read by the Clerk: | 


An Ordinance for the Division of the State. 

WHEREAS, It is represented to the delegates assembled in Convention at 
Wheeling, on the 6th day of August, 1861, that the people of a portion of 
Virginia are desirous of claiming a new State out of that portion of 
Virginia lying North and West of the Allegheny Mountains, and whereas, 
in the opinion of this Convention, the social, commercial and political 
condition of said people would be greatly benefited and their happiness 
promoted by such a division. 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 209 


Be it therefore ordained by this Convention, That the people of Vir- 
sinia living North and West of a line beginning on the top of Clinch 
Mountain, on the line dividing Tennessee and Virginia; and running 
thence with the top of said mountain, so as to include all that part of 
the county of Scott lying North and West of said mountain; thence with 
the top of said mountain, including Russell county; thence with the top 
of said mountain to the county line of Giles county; thence with the 
county line of Giles and Tazewell to the county line of Mercer county; 
thence with the top of Wolf Creek Mountain to the top of Salt Pond 
Mountain; thence to the top of Potter’s Middle Mountain; thence with the 
top ef Rich Mountain to Alum Rock; thence to the top of Mill. Mountain; 
thence with the top of said mountain to Augusta county line; thence 
with the dividing line between Augusta and Bath counties to the top 
of Shenandoah Mountain, and with the top of said mountain to the 
Hardy county line; thence with the county line between Hardy and Rock- 
ingham counties to the Shenadoah county line; thence with the county 
line between Uardy and Shenandoah to Hampshire county; thence with 
the county line dividing Frederick and Shenandoah to Warren county; 
thence with the county line dividing Warren and Clark counties to Fau- 
quier county; thence with the county line dividing Fauquier and Clark 
counties to Loudon county; thence with the county linedividing Loudonand 
Fauquier counties to Fairfax county; thence with the county line divid- 
ing Fairfax and Prince William counties to the Potomac River; be au- 
thorized and directed, on the fourth Monday in November next, to open 
a poll at each election precinct embraced in such boundary, to ascertain 
the will and wish of the people upon the question of such division. The 
County Courts of each county, embraced in said boundary, shall appoint 
Commisssioners and Conductors of Elections, and the duties of such Com- 
missioners and Conductors, shalJl be the same as now prescribed by law 
in other Blections. On the said fourth Monday in November, there shall 
be a poll opened by the Commissioners and Conductors so appointed, at 
every precinct in each County embraced within the said boundaries. On 
each poll book there shall be two columns; one headed “Division,” and 
the other “No Division.” Those voting in favor of a division, shall be 
recorded in the column under the head of “Division,” those voting against 
a division, shall be recorded in the column under the head of “No Di- 
vision.” It shall be the duty of said Commissioners, to have all who are 
legally authorized under the constitution and laws of Virginia, within 
said boundary, and who may offer to vote, properly recorded on said poll 
book, and it shall be the duty of said Commissioners of each county within 
five days after said election, to certify to the correctness of said poll 
books, and file one copy of said books, in the Clerk’s Office of the County 
Court of each county, and one copy certified as aforesaid, shall, by said 
Commissioners, be forwarded to the Governor of Virginia, at Wheeling, 
whose duty it shall be to count the vote upon said question, and make 
an immediate proclamation of the result of said vote. 

2. Be it further ordained, That, in case it is found that a majority 
of the votes cast in said boundary, be in favor of the division as pro- 
posed, that then, the present Constitution of Virginia, as modified and © 
changed by the ordinances of this Convention, shall be adopted as the 
Constitution of the proposed State, which shall be called the State of 
New Virginia. 

3. Be it further ordained, That the State Legislature of Virginia, be 
requested to give their consent to the formation of such new State as 
prescribed and laid down in said boundaries, and submit the same to 
the Congress of the United States for their ratification. 


Messrs. Brown, Kramer, Flesher and Zinn asked and obtained 
leave to withdraw their substitute for the report of the Committee. 


206 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


Mr. Evans, on behalf of Mr. Dorsey, also withdrew the substitute 
offered by that gentleman. 

Mr. West, as chairman of the Committee on a Division of the 
State, proceeded to address the Convention in advocacy of the re- 
port of that Committee. 

He did not propose to make a lengthy speech at this time; per- 
haps he should have occasion to participate somewhat in the discus- 
sion that might ensue upon this question hereafter. It had been 
said, and very properly, that there were but two questions of real 
difficulty in the consideration of this subject, and they were the 
questions of time and boundary, for which he believed there were 
none or at least very few on the floor opposed to a division at all. 
If such were, he accorded to them honesty of motive, but he did 
not know what could be the ground of their objection to the forma- 
tion of a new State. 

First, then, in relation to time: He believed that now was the 
time. He would set out on that ground. He had occupied that 
ground and he expected to continue to do so. He had never yet 
had a good reason from any one why they should not proceed 
at once. This was the accepted time if they ever expected to com- 
plete what they had begun. He observed that all the opponents 
of action had different reasons. for their opposition, and although 
they might be honest, yet they had no common justifiable reason 
for not proceeding at once. For himself, from the very beginning 
of this controversy in the Legislature and the former Convention, 
he had not swerved from his purpose of obtaining preliminary ac- 
tion for a division of the State. Every step he had proposed was 
a progressive step, as gentlemen here could testify. He had offered 
a proposition in the Legislature which he still believed was the best 
that could have been adopted, but when it was defeated, he voted 
willingly for the next best. He had believed, and did yet, that it 
was important, though not essential, to have had some expression 
at least from the Legislature. They had no such expression, how- 
ever, and a majority of the Convention had decided, he believed, 
that they could proceed without it, and such being the case, he was 
with them, and would be the last man to back from the position he 
had taken. 

And what objection could be offered to doing so? He asked gen- 
tlemen to say, why they should not take action just now on this 
most important matter. It was true there might be some of the 
counties in the proposed boundary that might vote against Imme- 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 207 


diate action or against any action at all, but if they would post- 
pone till doomsday, and then propose to act, some one would ob- 
ject. There was one plan of action that was always safe, and that 
was, never to put off what can be done now. 

But it was argued that it would leave Eastern Virginia without 
a government; even if it did they would only be in the same situa- 
tion they left us in, and they could do as we did—go to work and 
make one. But they say they have a government and we have no 
government; they boast of their government, and if you would go 
to Richmond and say they have no government your neck would 
pay the penalty. Let them take care of themselves as we have 
done. We could not sympathize with those who wanted to cut 
his throat if they had an opportunity, and they did not ask any of 
this sympathy which some gentlemen were disposed to bestow upon 
them. They despised us and our government. 

He used to be opposed to a division of the State, and always 
had, up to the time this great emergency had been forced upon our 
people. But now the time had come to look out for our own inter- 
ests, and disregard the interests of those who wage a war against 
us. 

But it was objected that we were thrusting ourselves upon the 
General Government. He would be the last to do this after all 
the government had done for us in Western Virginia, but they 
were not forcing themselves upon the government, and it was not 
so regarded anywhere except by the gentlemen who raised the ob- 
jection. If it could be proved he would abandon the project, but 
not until it was done. But he had the best authority for saying 
that this was not the case—but that Congress would admit the new 
State, was ready, willing and waitng to do so whenever application 
was made. He had talked with the Hon. William G. brown, on his 
return from Washington a few days ago, and Mr. Brown had told 
him the quicker the better; that the proposition for admission would 
not have lasted two days while he was there; that a recognition 
would have been given at once. They all knew what Mr. Carlile 
says, that he corroborates the testimony of Mr. Brown. They were 
the best authority, and so much for this objection. There was noth- 
ing in the way in that direction. He had never been willing to ad- 
mit for a moment that there was any danger of a reverse as had 
been intimated upon this floor; but he would have them act, now 
that they had the power, lest by some possibility they shauld lose 


208 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


it. It might be a little selfish, but he was willing to be that selfish 
—their welfare and the welfare of the people demanded it. 

As for boundary, he was not a stickler for any particular scheme. 
He preferred that reported by the Committee, because it includes a 
neck of country lying down next to the Tennessee line, which was 
left out by other propositions, and which naturally belonged to 
us and should be included, notwithstanding the people might not 
now be quite so loyal as they should be. The ordinance also proposed 
after running the main line on the top of the mountain, which the 
Almighty had reared as a natural boundary, to take in the counties 
contiguous to the Capital of the Country—and especially he liked 
it because it would take in the grave of Washington. He spoke of 
the advantages that would be apparent in running the line so as 
to make the loyal State take in the territory opposite and adjoin- 
ing Washington, and said that proposition would cause our admis- 
sion to be looked upon there with more favor than it would other- 
wise be. 

He would like to know now why it was that gentlemen here dis- 
regard the plain wishes of their constituents. If they had instruc- 
tions from, them to oppose action he would like to see them. He 
had seen nothing of the kind, but he had seen letter after letter 
to members urging them to take some action. 

But suppose they should make their application now to Con- 
gress, and Congress should lay it aside for a time, how much worse 
off would they be than before. There would be the same proposi- 
tion upon which they would act whenever, in their opinion, the 
proper time should arrive, and they would have the matter always 
before them until disposed of. 

The people were now anxiously awaiting the action of this body, 
and if the word were to go out that they had refused to take any 
preliminary steps towards a separation, they would hang their 
harps upon the willows, and their lips would be mute and voiceless 
on the question in which they had taken so much interest. 

After Mr. West concluded, 

On motion, the Convention took a recess till two o’clock P. M. 


AFTERNOON SESSION. 
Convention re-assembled at two P. M. 


Mr. Barns, of Marion, obtained the floor, and proceeded to 
speak of the impropriety at this time to the division of the State. 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 209 


There had been no uprising of the people in favor of it in many 
portions of the State proposed to be included in the bounds of the 
new State. They had not met in mass meetings and demanded that 
this Convention should take precipitate action. It was true it 
was the desire of the people of his own county to have a separation ; 
for himself personally he was anxious for it. But there were diffi- 
culties in the way. In the first: Convention which met here in 
May, many were in favor of immediate action. Prudent counsels 
prevailed, however, and the obstacles in the way rendered it neces- 
sary to call another Convention. This met in June, and some of 
the members were in favor of at once proceeding to a division. 
But it was thought best to pursue the course they deemed in ac- 
eordanece with the Constitution. Besides the Convention thought 
it best not to endanger the existence of our very nationality itself 
by action that would be calculated to produce discord as this would 
have done. 

He said there were difficulties now. <Accorling to the spirit ot 
the Constitution not only the people in that portion of the State 
out of which the new State is to be formed, should give their as- 
sent, but also the other portion, which it might be supposed would 
oppose it—that the consent of the whole State should be given so 
far as a representation of the people of the whole State can be ob- 
tained. This they knew could not be obtained now. Action here 
could only be preparatory at best. After the Convention had 
adopted measures, the assent of the Legislature must first be had, 
and afterwards that of Congress. Would Congress admit a state 
formed on a mere technicality? Would not they require that the 
people of the whole State should be consulted? He thought unless 
they could have the consent of all the loyal people of the State it 
would prejudice our admission by Congress. It would be regarded 
on a principle similar to that on which the secessionists have acted, 
and that we had not exhausted all the peaceful and legal means 
of obtaining a separation. It was better not to make the trial now 
and fail and be distracted by the failure, but to wait until the fruit 
should be ripe and ready to fall into our hands. There were loyal 
people in Southern and Eastern Virginia looking to them and 
praying to be released from their present thralldom. In the midst 
of the great struggle that was now going on for the maintenance of 
the Constitution amongst us we are asked to raise an exciting and 
grave question, such as that of dividing the State. The time had 
not come for the agitation of that question. He had no objection 


210 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


to an expression on the subject by the Convention, but he was not 
willing that the matter should be thrown upon the people to agitate 
and distract them at this time. 

Mr. Martin, of Wetzel, said the gentleman had said that now 
was not the time for a separation. Before the ordinance of seces- 
sion was voted upon there was a call for the people of Northwestern 
Virginia. The first call was from Harrison county. Other coun- 
ties responded, and a convention met in Wheeling in May last. 
In that Convention it was fairly understood that the object was a 
division of the State. They concluded it could not then be done 
constitutionally, but when we could have a legislature recognized 
as such we would then be prepared to go into a division. Such was 
the understanding all over Western Virginia. The Government of 
the United States has acknowledged this Convention as a law- 
making power because this Convention called the Legislature, which 
has been recognized in the person of the Senators it elected. While 
the Government recognizes this as the whole Government of the 
State, it will also acknowledge us when it comes to a division of the 
State. But there were representatives here from Eastern Virginia. 
If a division could not now be had constitutionally, when could it 
be had? 

Mr. Barns said, when the secessionists are driven out of the 
State. 

Mr. Martin said the secessionists were in rebellion against the 
United States, hence they had declared themselves aliens, and not 
citizens of Virginia or the United States. Secession was unconsti- 
tutional, and every citizen that upheld secession had thrown off 
his allegiance, and we had nothing to do with them, as it regards 
our rights and interests in Western Virginia. 

We were at one time without a government. We met here to es- 
tablish one through this Convention sent here by the people of 
Northwestern - Virginia, and we are here at their will and bidding, 
and we have a right to carry out the views we advocated before 
them. He declared before ever that Convention was held at Rich- 
mond for a division of the State, and he was elected here with the 
knowledge of his people that he was so in favor of a division. 
Therefore, he would go for adlivision, not only because of more re- 
cent wrongs, but because he had long been convinced that our in- 
terests required it. Our money had been used to make improve- 
ments east of the Alleghenies. We have no connection with Hast- 
ern Virginia; the God of nature had made a line between us, and 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. PAM i 


their interest and our’s were antagonistic, and this was one reason 
for wanting a separation; and while they were setting up a govern- 
ment in opposition to the United States, he claimed the right to set 
up an independent government separate from them. The people 
expected nothing less of this Convention than a division of the 
State, and if a foundation was not here laid for an immediate sep- 
aration the people would be disappointed, and never would call an- 
other Convention for a division. The people of Wetzel had in- 
structed her members to go for an immediate separation. But 
what he meant was that this Convention should go on with its 
work, and when the Legislature meets next December, to ask for its 
assent, and when this shall be granted, then to apply to Congress 
for its assent. This would be the constitutional way. | 

It was said this movement would embarrass the government and 
our friends in Eastern Virginia. Nothing short of the power of the 
United States could ever crush out secession in Hastern Virginia. 
How, then, could it embarrass the government? or how disenable us 
to aid the government in this work? The argument had no weight 
in it. 

After we get the assent of the Legislature, if we deem it impolitic 
to apply to Congress at once for an admission, we can do it at any 
time it might be deemed best. 

Mr. PoLsLtEy proposed to amend the ordinance by inserting in 
the first line of the second section, after the second ‘‘that,’’ the 
words ‘‘a free and fair election has been held in three-fourths of 
the election precincts of the boundary.”’ 

A parley arose as to the regularity of the proceeding and the 
amendment was lost sight of. 

Mr. CRANE moved to go into Committee of the Whole on a Di- 
vision of the State, but subsequently withdrew the motion and 
moved an adjournment, which motion was lost. 

Mr. Boreman, of Tyler, offered a proposition which was order- 
ed to be printed for the information of the Convention. 

Mr. Martin, of Wetzel, withdrew his amendment to the report 
of the committee. 

The withdrawal of this left only the substitute of Mr. Burley and 
the minority report of Mr. Johnson. 

The question was announced on the adoption of Mr. Burley’s 
substitute for the original ordinance. 

Mr. VAN WINKLE moved to strike out in the substitute the name, 


212 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


‘‘New Virginia,’’ proposed for the new State, and _ substitute 
“‘ Allegheny. ’’ 

The motion was agreed to. 

Mr. Farnswortu then presented the proposition offered by him- 
self in the morning session and ordered to be printed, as a substi- 
tute for the substitute of Mr. Burley, and with the consideration of 
this pending, the Convention adjourned. 


ADJOURNED SESSION—EIGHTH DAY. 


WEDNESDAY, AUGUST 14, 1861. 


The Convention met at the regular hour, and was opened with 
prayer by Rev. J. L. Clark, of the M. E. Chruch. | 

The minutes were read and adopted. 

Mr. VAN WINKLE moved that the resignation of Lot Bowen, of 
Harrison, which was yesterday laid upon the table, be now taken up 
and accepted. 

The motion was agreed to. 

Mr. Brown, from the Committee on Credentials, then reported 
upon the credentials of Charles 8. Lewis, of Harrison, elected to fill 
the vacancy occasioned by Mr. Bowen’s resignation, that Mr. Lewis 
was entitled to a seat in the Convention. 

The report was adopted. 

Mr. Lewis went forward and the oath of office was administered 
to him. 

Mr. VAN WINKLE reported, from the Committee on Business, 
an ordinance in relation to Juries, which was laid upon the table 
and ordered to be printed. 

He also, from the same committee, reported back the ordinance 
recommitted to them, declaring in what cases offices are vacated, 
with an adverse recommendation on the amendment offered by the 
gentleman from Ohio. 

He also reported adversely on the resolution offered by a member 
from Marion, inquiring into the expediency of amending or re- 
pealing the ordinance of the Convention creating the Governor’s 
Council. 

The report was adopted. 

The order of the day coming up, 

Mr. Buruey asked and obtained leave to withdraw his substitute 
for the report of the Committee. | 


eee 


THE PEOPLE oF NORTHWESTERN VIRGINIA IN 1861. 313 


The question was announced to be on the following substitute 
offered by Mr. Farnsworth: 


SUBSTITUTE OF Mr. FARNSWORTH FOR THE REPORT OF THE COMMITTEE ON A 
DIVISION OF THE STATE. 


WHEREAS, In the opinion of the good people of Western Virginia, the 
long-continued inequality of taxation and representation, as well as the 
diversity of interests between Eastern and Western Virginia render a 
separation or division of the State necessary; and 

WuHeErREAS, The people of the Eastern part of the State have en- 
deavored to throw off their allegiance to the Federal Government and 
place the State in an attitude of rebellion against it, contrary to the 
wishes and without the consent of the people of Northwestern Virginia. 
and 

WuHereEAS, All the material interests of this section of the State are 
closely identified with the Union and its preservation, and can only be 
secured and protected by severing the unnatural ties that bind us to our 
Eastern brethren, now in rebellion; therefore, 

Be it ordained by the people of Virginia, Through their delegates in 
Convention assembled, that a new State, to be called the State of —————_,, 
be organized and erceted out of the counties comprised in the boundaries 
following, viz: Beginning on the Tug Fork of Big Sandy River, on the Ken- 
tucky line, where the counties of Buchanan and Logan join the same, 
and from thence running with the dividing line of said coun- 
ties, and the dividing line of the counties of Wyoming and Mc- 
Dowell to the great Flat Top Mountains, and with the _ divid- 
ing lines of the counties of Raleigh and Mercer, Fayette, Nicholas and 
Greenbrier, Webster and Pocahontas, Randolph, Pocahontas, Pendleton 
and Highland. to the Shenandoah Mountains, and with said Mountains, 
following the dividing lines between the counties of Pendleton and Rock- 
ingham, Hardy and Shenandoah, Hampshire and Frederick, Morgan and 
Frederick, Berkeley and Frederick, Jefferson and Clark, and Jefferson and 
Loudon to the Maryland line, and such other counties as lie continguous to 
and adjoin the counties embraced in the boundaries aforesaid, as shall by 
a vote of the qualified voters residing within the same declare a desire to 
be attached to and form a part of said State, and the Legislature may so 
change the boundary lines, as herein set forth, as to include said counties, 
provided the vote be taken on the same day as hereinafter fixed for taking 
the sense of the voters within the counties embraced in the boundaries first 
herein mentioned. 

2. That the present Constitution of Virginia, with such alterations 
as the exigencies of the times demand, be submitted to the people for their 
ratification or rejection at the polls on the first Thursday in November 
next. 

3. The voters within the boundaries aforesaid, ahd within the coun- 
ties that lie contiguous thereto, shall assemble at their respective places 
of holding elections on the said first Thursday of November next, and 
cast their votes for or against the formation of a new State, as well 
as for or against the adoption of the Constitution framed and 
proposed to them by this Convention. It shall be the duty of the 
commissioners who superintended, and the officers who conducted the 
election at the general election in May last, to attend their respective 
places of holding elections and supnerintend and conduct the election 
herein provided for. And if said commissioners and officers shall fail 
to attend at any such place of holding elections, it shall be lawful for 
any two freeholders present to act.as commissioners in superintending 
said election, and to appoint officers to conduct said election. It shall be 
the duty of such persons superintending and conducting said election to 


214 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


employ clerks to record the votes and furnish poll-books for the purpose, 
and to endorse on the respective poll books the expenses of the same. 

If on the day herein provided for holding said election there shall be 
in any of the said counties any military force of any hostile assem- 
blage of persons, so as to interfere with the free and full expression of 
the will of the voters, they may assemble at any other place within their . 
precinct and hold an election as herein provided for. 

There shall be two poll-bocks. One of said poll-books shall contain two 
columns-—one column shall be headed “for a new State,’ the other 
“against a new State,’ and the other poll book shall in like manner con- 
tain two columns—one headed “for the Constitution,” the other “against 
the Constitution.” And the names of all persons now entitled to vote in 
any of the said counties, and who shall offer to vote, shall be recorded in 
the one or the other of the columns afcresaid, according as such persons 
may vote. And it shall be the duty of such commissioners superintending 
and officers conducting said election. and the clerks employed to record 
the votes, each before entering upon the duties of his respective office 
to take, in addition to the oath now required by the general election law, 
the oath prescribed by the Convention which assembled in the city of 
Wheeling on the 1ith of June, 1861. It shall be the duty of the officers 
and commissioners aforesaid, as soon as may be, and not exceeding three 
days after said election, to aggregate each of the columns of said poll- 
books and ascertain the numbcr of votes recorded in each, and make a 
return thereof to the Secretary of the Commonwealth in the city of 
Wheeling, which return shall be in the following form or to the following 
effect: 





We, , Commissioners, and conducting 
officers, do certify that we caused an election to be held at 
in the county of at which we permitted all persons 


to vote that were entitled under existing laws to vote, and that offered to 
vote, and that we have carefully added up each column of our poll-books 


and find the following result: “For a new State” votes; 

“Against a new State” votes. “For the Constitution” 

votes: “Against the Constitution” votes. All of which we cer- 

tify to the Secretary of the Commonwealth. Given under our hands and 

seals this day of soap kiyirg b- 

' (SEAL) 

(SEAL) 
(SEAL) 


Under which certificate there shall be added the following affidavit: 


ri path to-wit: 

I, Justice of the Peace, (or any officer now au- 
thorized by law to EKER oaths,) in and for said County, do certify 
that the above named commissioners and conducting officers severally 
made oath before me that the certificate by them above signed is true. 

Given under my hand this day of ; att . 


The original poll-books shall be carefully kept by the conducting officers 
for ninety days after the day of election, and upon demand of the Execu- 
tive shall be delivered to such person as he may authorize to demand and 
receive them. 

It shall be the duty of the Executive to lay before the General Assem- 
bly, at its next meeting, the result of said vote, and if it shall be found 
that a majority of the votes cast shall be in favor of a new State and 
also in favor of the Censtitution framed and proposed to said voters for 
their adoption, it shall be the duty of the General Assembly to give its 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. ee 


consent to the formation of a new State out of the territory aforesaid, 
with the following conditions: 

1. That the people of the proposed new State shall take upon them a 
just proportion of the public debt of the Commonwealth of Virginia prior 
to the 1st day of January, 1861, and receive an equitable distribution of 
the assets. 

2. That all private rights and interests in lands within the proposed 
new State, derived from the laws of Virginia prior to such separation, 
shall remain valid and secure under the laws of the proposed new State, 
and shall be determined by the laws now existing in the State of Vir- 
giina. 

3. That the lands within the proposed State of non-resident proprie- 
tors, shall not in any case be taxed higher than the lands of residents 
therein. 

4. That no grants of lands nor land warrants issued by the proposed 
new State shall interfere with any warrant heretofore issued from the 
land office of Virginia, which shall be located on lands within the said 
proposed new State, now liable thereto. 

5. That in case any complaint or dispute at any time arise between 
the Commonwealth of Virginia and the proposed new State, after it shall 
become an independent State, concerning the meaning or execution of 
the foregoing conditions, the same shall be determined by six commis- 
gioners, of whom two shall be chosen by each of the parties, and the re- 
mainder by the commissioners so first appointed. 

And when the General Assembly shall give its consent to the formation 
of such new State, it shall forward to the Congress of the United States 
such consent, together with an official copy of such Constitution, with 
the request that such new State may be admitted into the Union of 
States. 


Mr. BorEeMan, of Tyler, offered the following as a substitute for 
the substitute : 


THE SUBSTITUTE OF Mr. WILLIAM J. BOREMAN, OF TYLER COUNTY. 


WHEREAS, It has been represented to this Convention that a large num- 
ber of the citizens of this Commonwealth, residing in the Western and 
Northern part of the State, desire a division of the State, and that the 
Western and Northern part be formed into a separate State; and the 
unsettled condition of the country renders it impossible at this time to 
ascertain the wish of the people within any boundaries likely to be 
erected into a new State, and we deem it inexpedient, unfair and anti- 
Republican to underetake to change the State relations of any portion of 
our people without first having given them a fair opportunity to be 
heard upon the subject; and 

WHEREAS. We cannot now tell with any degree of certainty when the 
people will be relieved from the troublous state into which they have 
been thrown, and left free to act upon this grave and important subject, 
and this Convention was hurriedly, and from the most urgent necessities 
called together by the people to stay the mighty tide of rebellion which 
was then sweeping over our land, and to do all in our power to save our 
beloved country from the vortex of impending ruin; and, 

Wuereas, This body is a Convention of the State of Virginia, and not a 
Convention of Delegates sent by the people from that part of the State in- 
tended to be formed into a new State; therefore, be it 

Resclved, 1st. That it is premature, and would be taking unwarranta- 
ble advantage of our position and great injustice to those of our fellow- 
citizens, within the boundaries of the proposed new State, who are not 
and cannot at this time be represented in this body, for this Convention 
to undertake the formation of a Constitution for such new State. 


216 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


2d. That we are not only willing but anxious that a vote of the peo- 
ple should be taken within the territory proposed to be formed into a new 
State, upon the question of a division of the State, so soon as the affairs 
of the country are in such condition that the people can meet at the 
polls and give a free and fair expression of their sentiments upon the 
subject, therefore we recommend [to] the General Assembly, provided the 
people within the proposed boundaries shall be freed from their present em- 
barrassments and the state of affairs in the country will then admit of 
a full and free expression of the popular sentiment, to provide for taking 
a vots within the proposed boundaries on the question of a division of 
the State, ou the first Thursday of January next. 

3d. That it is tha sentiment of this Convention that the best interests 
of both sections of the State demand a division and we further call upon 
and recommend [to] the General Assembly that they shall, so soon as the 
people within the boundaries proposed for a new State, enact all laws 
in conformity with the Consstitution of the United States, which may 
be necessary to carry out the wishes of the people so expressed. 


The question recurring upon the substitute for the substitute, Mr. 
Van Winkle proceeded to address the Convention at length and 
elaborately upon the subject of a division of the State, beginning 
at the call of the Richmond Convention, giving a full history of 
movements in Virginia, up to the present time, and arguing against 
any present attempt to divide the State——The speech occupied two 
hours, and is in itself an admirable production. We shall take oe- 
easion at as early a day as possible to publish a full report of it. 

After Mr. Van Winkle had concluded, 

The Convention took a recess till two o’clock. 


AFTERNOON SESSION. 


The Convention met at 2 o’clock. 

Mr. Crane, of Randolph, having the floor proceeded to reply to 
Mr. Van Winkle, reviewing that gentleman’s position at considera- 
ble length. We shall have to defer a report of this until the publi- 
cation of the speech to which it was a reply. 

After Mr. Crane had coneluded, 

The President announced the question to be on the adoption 
of the substitute of the gentleman from Tyler. 

On that question Mr. Snider demanded the yeas and nays. 


FONTAIN SMITH said he desired to speak to the question, but he 


was at present physically unable to do so. He would like to have 
the vote postponed till morning, that he could have an opportunity 
to speak.—for that purpose he moved an adjournment. 

Mr. West hoped they would not adjourn without taking this 
vote, it could easily be done. It was a test vote, and by allowing 


so 


a 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 217 


it to be taken they could now tell whether the Convention intended 
passing anything looking to a separation or not. They had yet three 


hours, and much could be done in that time. 


Mr. Sniper merely wished to say, that if they did not intend 
to take any action in this matter, they had better go home, and not 
remain here at an expense of some $3000.00 a week. If they in- 
tend to vote down this division let them vote it down and be done 
with it. They had had a speech yesterday that cost their constitu- 
ents $400.00, and two to-day costing them $200.00 each. He thought 
prudence would dictate that if they intended to do anything, they 
had better do it and be done with it. 

Mr. Burvett hoped the friends of division would vote down the 
motion so as to get a test vote. 

Mr. Paxton trusted [that] the usual courtesy would be extended 
to the gentleman from Marion. 

Mr. SNIDER demanded the yeas and nays on the motion to ad- 
journ, which being taken resulted—yeas 45, nays 31. 

So the Convention adjourned. 


ADJOURNED SESSION—NINTH DAY. 


THURSDAY, AUGUST 15, 1861. 


The Convention met at ten A. M. 

Prayer by Rev. D. W. Fisher, (of New Orleans) of the Presbyte- 
rian Church. 

Minutes read and approved. 

Mr. BurDETT moved to suspend the rule for the purpose of offer- 
ing a resolution to limit and close debate on the subject of a division 
of the State. 

The resolution was read as follows: 

Resolved, That no member be allowed to speak to-day more than one 
hour, and from and after to-day no member be allowed to speak more 


than ten minutes on any subject, and that the debate on the subject of 
a division of the State close to-morrow at three o’clock P. M. 


The rule was suspended. 

Mr. Potsuey moved to strike out the Pye clause, so as not to 
limit to ten minutes or to name any time for closing the debate. 
He was in favor of a full and free discussion. 

Mr. ZINN moved to amend the amendment by striking out ‘‘at 
3 0’clock’’. 

The amendment was accepted. 


218 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


Mr. Suir, of Marion, said that restricting a member to one 
hour was simply to exclude members from the privilege of doing 
themselves justice before their constituents. What he desired to. 
say he could not say in an hour. He asked as a courtesy that he be 
allowed more time. He was willing to sit and listen to other mem- 
bers till midnight, if need be. 

Mr. West thought it would be no more than justice to give the 
gentleman the time he desired. He had spoken and was not limited, 
and in order that other gentlemen might have the same privilege, 
he moved to lay the resolution on the table. 

The question was put and the resolution tabled. 

The order of the day was then taken up, it being the question 
upon the substitute of Mr. Boreman, for the substitute of Mr. Farns- 
worth for the report of the Committee on a Division of the State. 

The substitute was read by the clerk. 

Mr. Rircuiz, of Marion, said that with the consent of his col- 
league he would like to make a few remarks. He was but a plain, 
unpretending old farmer, but had his views nevertheless on this 
momentous question, and he felt that he would not be doing his 
duty if he withheld their expression here. 

He began by alluding to the indignation with which the passage 
of the ordinance of secession was received in Northwestern Vir- 
ginia, and reviewed the circumstances of the calling of the first con- 
vention, its decling totake action in dividing the State, and the eall- 
ing of the second convention. 


He thought many members of this Convention were over zealous 
in this matter. He held that a division of the State now would be 
in violation of the spirit, if not the letter of the [Federal] Constitu- 
tion and cited the clause in reference to the formation of new States; 
that the consent of the whole State must be had, and not of one- 
third or one-fourth; that it would embarrass the action of the Gen- 
eral Government in its effort to put down rebellion; that the sla- 
very question must come up in the formation or adoption of a Con- 
stitution, and this would not only create controversy in Congress, 
but bring about a divided sentiment among our own people, which 
must result very disastrously. The present reorganized State Gov- 
ernment would have to be abrogated, and the people of a portion of 
the State left without any government whatever. Such a move- 
ment must at this time tend to weaken the strength of the General 
Government and retard the restoration of the Union. 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 219 


He desired a division of the State at the right time; none more 
than he did; but believing the results could be nothing but unfor- 
tunate, he desired to enter his solemn protest against any measure 
looking to a division of the State at this time. 

He presented the following letter from a gentleman in high po- 
sition in the government at Washington, which he desired the clerk 
to read: 


ATTORNEY GENERAL’S OFFICE, 
% August 12, 1861. 
Hon. A. F. Ritchie, 
Virginia Convention, 
Wheeling. 

Sir:—yYour letter of the 9th instant was received within this hour, and 
as you ask an immediate answer, you, of course, will not expect me to go 
elaborately into the subject. 

I have thought a great deal upon the question of dividing the State of 
Virginia into two States: and since I came here, as a member of the gov- 
ernment, I have conversed with a good many, and corresponded with 
some of the good men of Western Virginia in regard to that matter. In 
all this intercourse, my constant and earnest effort has been to impress 
upon the minds of those gentlemen the vast importance—not to say ne 
cessity—in this terrible crisis of our national affairs, to abstain from the 
introduction of any new elements of revolution, to avoid, as far as possi- 
ble, all new and original theories of government; but, on the contrary, 
in all the insurgent Commonwealths to adhere, as closely as circumstances 
will allow, to the old constitutional standard of principle, and to the tra- 
ditional habits and thoughts of the people. And I still think that course 
is dictated by the plainest teachings of prudence. 

The formation of a new State out of Western Virginia is an original, 
independent act of Revolution. I do not deny the power of Revolution 
(I do not call it right—for it is never prescribed, it exists in force only, 
and has and can have no law but the wil of the revolutionists.) Any at- 
tempt to carry it out involves a plain breach of both the constitution— 
of Virginia and the Nation. And hence it is plain that you cannot 
take that course without weakening, if not destroying, your claims upon 
the sympathy and support of the General Government; and without dis- 
concerting the plan already adopted both by Virginia and the General 
Government, for the reorganization of the revolted States, and the resto- 
ration of the integrity of the Union. That plan, I understand to be this: 
When a State, by its perverted functionaries, has declared itself out 
of the Union, we avail ourselves of all the sound and loyal elements of 
the State—all who owe aliegiance to, and claim protection of the Con- 
stitution, to form a State Government, as nearly as may be, upon the 
former model, and claiming to be the very State which nas been, in part, 
overthrown by the successful rebellion. In this way we establish a con- 
stitutional nucleus around which all the scattered elements of the Com- 
monwealth may meet and combine and thus restore the old State in its 
original integrity. 

This, I verily thought, was the plan adopted at Wheeling, and recog- 
nized and acted upon by the General Government here. Your Conven- 
tion annulled the revolutionary procceedings at Richmond, both in the 
Convention and the General Assembly, and your new Governor formally 
demanded of the Fresident the fulfillment of the constitutional guar- 
antee in favor of Virginia—Virginia, as known to our fathers and to us. 
The President admitted the obligation and promised his best efforts to 
fulfill it; and the Senate admitted your Senators not as representing a 


220 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


new and nameless State, now for the first time heard i j 
but as representing “the good old Commonwealth.” OF Dae 

Must this all be undone, and a new and hazartous exveriment be 
ventured upon, at the moment when danger and difficulties are thickening 
around us? I hope not—for the sake of the nation and the State, I hope 
not. Be had rejoiced in the movement in Western Virginia, as a legal 
constitutional and safe refuge from revolution and anarchy—as at once 
ae Bere and fit instrument for the restoration of all the revolted 
States. 

I have not time now to discuss the subject in its various bearings: 
What I have written, is written with a running pen, and will need your 
charitable criticism. 

If I had time I think I could, give persuasive reasons for declining 
the attempt to create a new State at this perilous time. At another time, 
I might be willing to go fully into the question, but now I can say no 
more. 

Most respectfully, 
Your ob’t serv’t, 
Epw. BATES. 


Mr. Sanur, of Marion, then addressed the Convention in opposi- 
tion to an immediate division of the State. The first part of his 
argument was devoted to showing the natural antagonism between 
Eastern and Western Virginia; an antagonism of commercial inter- 
est, of climate and production, of social habits and thought, of edu- 
cational modes and even religions, and showed that all these de- 
manded separate governments for the two peoples. But he con- 
tended there were at this time difficulties in the way which he 
deemed insuperable. 

One was that a division could not now be obtained in accordance 
with the intention of the Constitution of the United States. 

He referred to the action taken by the then territory of Vermont 
in 1781, in its erection as a State out of the territory of New York 
and New Hampshire, and how its application had been rejected by 
Congress until the full consent of both the States had been obtain- 
ed. Also to the action taken by a convention during the year 1784, 
in what was then the territory of Franklin, (now the State of Ten- 
nessee,) subject to and part of North Carolina. This territory, 
through a convention, made application to Congress for admission 
into the Union and was rejected on the ground that the consent of 
the Legislature of North Carolina had not been obtained. The 
result of the attempt was a deplorable State of civil war which 
ended only when that people returned to their allegiance to the 
State of North Carolina. 

He next alluded to the case presented by the formation of Ken- 
tucky, out of Virginia, in which instance the Legislature of Vir- 


iy 
: 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. Lad | 


nd 


ginia passed an act and the consent of Congress was granted upon 
application, for the admission. 

From these instances he deduced the principle that new States 
to be formed of two other States, or carved out of any one State, 
must have the full consent of such States to their erection. 

The speaker proceeded to argue that such consent of the people 
of Virginia could not now be obtained. That the larger part of the 
States was in duress, and could give no expression either through 
representatives or otherwise; and that it would be both wrong and 
unconstitutional to proceed to take advantage of what he styled a 
““legal fiction,’’ in order to now obtain a division of the State in 
opposition to the Eastern part of the State, which was as much 
interested in the matter as ourselves, and had the same right to be 
heard. 

Having now assumed to be the State of Virginia, they were of 
course responsible for the entire State debt. If they divided the 
State and abdicated all the government of Virginia, then, of course, 
it would be running counter to the interests of those who held $50,- 
000,000 of bonds against the State, and all their opposition would 
have to be encountered. This was one difficulty in the way. 

His own position was taken boldly, and was, that a division of 
the State could only be obtained by the consent of all of Virginia, 
Eastern and Middle, as well as Western, and he argued that when 
the rebellion should have been driven out of the rest of the State, 
the power of government would be in the hands of a different class 
of men in that part of the State from what it is now, poor men, 
whose interests would be identical with our own, who would be 
friendly to us and who, should we still desire it, give in their con- 
sent to a separation. 

In regard to the possible failure of the United States to sustain 
itself, a division would in that event make us no bettter off, for then 
the Government would not be able to dictate terms. and Jefferson 
Davis determine not to surrender one foot of Southern soil, would 
sweep away all our imaginary lines as if by a magician’s wand. 
But he had never doubted, and did not now, that the Government 
would entirely succeed, and in that event we were safe anyhow. 

As to the question of slavery, he looked upon it as a matter of 
climate and soil. When men learned their interests they would al-- 
ways be governed by them. Had men taken this view of slavery it 
would have saved much bloodshed to the country. Slavery was 


222, PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


constitutionally right, but it might not be always practicably so. 
He was willing to leave the settlement of that matter to a ma- 
jority, and would submit to whatever might be the decision, but if 
this question was agitated now whilst the present party was in 
power, just so sure would an application for admission be rejected. 
His plan was to adopt the present State constitution with such 
modifications as might be necessary. and hold an election, say Octo- 
ber next, to get an expression of the people. 

After Mr. Smith had coneluded his speech, of which we are able 
to give but a very brief synopsis, the Convention took a recess. 


AFTERNOON SESSION. 


The Convention re-assembled at half past two. 

Mr. Paxton obtained the floor and proceeded to say that he had 
no intention of afflicting the Convention with a set speech, but sim- 
ply to give expression to a few remarks upon the question before 
them. 

They had before them the most important question that could 
come up for. consideration, and there should be a full and complete 
expression upon it. He was free to admit that nothing should be 
done here to embarrass the government. It could not be denied 
that the greater part of the loyal people of Western Virginia was 
represented here. These people, he went on to show, had long been 
oppressed by the remainder of the State, and even their warning, 
when the ordinance passed, that the people would not submit was 
treated with a sneering contempt. We had submitted, they said, 
and would again. ; 

That our best interests demanded a separate State government 
from those from whom we are naturally separated does not demand 
an argument; and now, if this was so, and our people were clamor- 
ous for it, and if the constitutional difficulty to a separation had 
disappeared, why may they not now when they had the opportunity 
and power, initiate steps for a division of the State. 

The answer is that this would embarrass the General Government. 
The whole answer, we believe, could be summed up in this, notwith- 
standing the said questions urged here. 

With all deference to the opinion of these gentlemen, he could not 
see how action in this manner could embarrass the Government. 
They were now entirely dependent upon the Government and even 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. Aes 


if now everything were done necessary to make a division, it would 
avail nothing unlsss assented to by Congress. This could not, 
therefore, embarrass the Government. 

If this State was ever to be divided, it must be begun some time 
by somebody. It would not divide itself. If it be so desirable was 
it not their duty here to undertake it, and if Congress refused they 
would have discharged their duty, and he thought Congress nor no 
one would blame them for looking to their own interests. This argu- 
ment of embarrassing the Government reminded him of somebody 
who said during the oil excitement that it was sinful to bore for oil, 
*“because,’’ and then said he ‘‘it is evident that Providence placed 
this highly inflammable substance in the bowels of the earth to as- 
sist in the general conflagration of the world, and if you keep on 
you will get it all out directly and then you will defeat the de- 
signs of Providence.’’ (Laughter.) He believed Congress would 
in good time sanction any proper division that might be made, and 
he thought the Convention should not adjourn without taking some 
step to meet the expectations of the people. 

Mr. Lewis obtained the floor and said that early in this contest, 
forced upon the loyal people of this country, it was his fortune to 
have been regarded as loyal, and in several canvasses to assist in 
staying the hand of rebellion. 

The meeting was held in Clarksburg to call the Convention here 
in Wheeling. He had been appointed to the Convention, but de- 
clined because he had understood it was called to organize a pro- 
visional government for Northwestern Virginia alone. 

When the Convention was first assembled here it was for the 
purpose of dividing the State, and if they now failed to do this 
they would defeat the purpose, and the only one, the people had in 
ealling together this Convention. He had listened with pleasure 
to the ingenious and able speeches that had been made here by his 
friends from Wood and Marion. He had been pleased with that 
portion of their speeches depicting the condition and wrongs of 
Western Virginia, and that part showing that we had practical, 
constitutional government here, fully recognized as such. The 
gentleman from Marion told them he was ready to divide the State 
whenever it could be done constitutionally, and according to the 
gentleman from Wood, it had all the power that any government 
of the State could have. If so, where is the difficulty upon Con- 
stitutional ground ? 


22.4 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


They had warned their eastern brethren that they had not the 
power to protect us here; and after the ordinance of secession 
passed civil government was powerless here, and they were forced 
to form a government here for their own protection. 

He referred to the language of Letcher prohibiting the exporta- 
tion of provisions, and said we had not had Republican government 
until this was formed, and it was right to establish one, and the 
duty of General Government to protect us in this Government. 

Well, how long did gentlemen expect this provisional govern- 
ment here to last? He believed it was mtended to last six months. 
Did they propose to follow the example of the Confederate States 
and keep the people under a provisional government in which they 
had no voice? 

Did his friends who had spoken propose that this provisional 
government, in which the people had not had as much voice as 
they desired, should last until this revolution should come to a 
close? He admitted the necessity of the establishment of this pro- 
visional government, but the moment that necessity had passed 
away, let the government expire. Who could tell when this great 
question should be settled, and shall our people be deprived’ till 
then of their rights in a representative government? 

Mr. Van WINKLE said it was not called a provisional govern- 
ment. It was to terminate in six months. It was temporary only 
in its executive. 

Mr. Lewis inquired what was then to be done when the six 
months were out; when was it to come back to the representative 
character? If it was now in their power to bring it back to that, in | 
the name of the people of this country, and of representative gov- 
ernment, he demanded it should be done. 

He admitted there were difficulties. But what great achieve- 
ments did not encounter difficulties? But were the people to be 
thwarted from their wishes because there were difficulties? What 
disposition was to be made of the public debt? The secessionists, 
by their own former action, are committed to the adjustment of 
such matter by commissioners. of the Southern Confederacy, made 
a proposition to adjust by commissioners, the accounts between 
them and the Government. 

He went on to show how much the West had contributed to the 
improvements of the East, and declared that they did not owe the 
East a dollar. He proposed to charge the counties with all they 


THE PEOPLE oF NORTHWESTERN VIRGINIA IN 1861. 225 


had, received and credit them with all they had furnished. Then 
let every fair demand be met that might be made upon the govern- 
ment. 

As for the question of slavery; he did not think it worth while 
to blink it—Gentlemen were in the habit of apologizing for speak- 
ing of this question. It had been mooted here, it was a question of 
magnitude, but one, he thought, that dught to create no difficulty 
at this time. Were they willing to make sacrifices for the greatest 
good to the greatest number?—Time with the particular operations 
of interest would dispose of that question in Northwestern Vir- 
ginia. Let the situation of the State be as it was now without the 
dotting of an ‘‘i’’ or the crossing of a ‘‘t’’. He had resisted rebel- 
lion because he believed it would strike a death blow at the insti- 
tution of slavery. But this institution would go wherever it is 
profitable, and cease wherever it is not. Let them not hear the 
ravings of the abolitionists in their midst; but let the question be 
left to the silent laws of political economy. But if that question 
was to be met here let it be met now. Word had gone forth that 
they were afraid to organize a State government here, less the 
emancipationist should raise his head in our midst; that there was 
danger of this being a free State or breaking up in confusion and 
he wanted to meet the question now and see whether this was the 
case or not. 

The question was no novel one. At the time of the formation 
of the Constitution, the smaller States demanded that Virginia 
should cede this Northwestern territory to help pay a war debt 
and because Virginia and New York, with all this territory, would 
become too. powerful for the safety of the other States, Virginia 
then resisted the cession of that territory; and she never would, it 
was evident, consent to a division in time of peace. It was long 
ago anticipated that this very people would one day revolutionize 
to cut the cords that bind us to the East. Virginia, fearing that 
some day the West would get the ascendancy, a statute was en- 
acted making it treason to attempt a division of the*State. He 
read the statute making it treason to attempt to erect any 
‘‘usurped government’’ within the State, and said he believed in 
time of peace it would be treason to propose the re-erection of any 
such government as this within the State, and would even be 
treason to petition the Legislature on the subject. And was it sup- 
posed that a people who had always violated thus the natural and 


226 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


cuaranteed rights of freemen, would ever consent to a division 
which they had always so sedulously guarded against. But ’EKast- 
ern Virginia had a reason for this, and that was the salvation of 
her own material interests, and not so much the oppression of 
Western Virginia; and because our prosperity must of necessity 
detract from hers. Did they think that in times of peace, the 
East would allow the formation of a new State, through which a 
great thoroughfare leading from the lower Ohio by a shorter route 
towards New York, the great centre of Commerce, could be made, 
which would come in conflict with her channels of trade? 

As for the question of boundary, he knew it would be a diffieult 
one, but it had to be met, and might as well be met now. He be- 
heved they should not take in any unwilling county, or any which, 
by geographical position and material interest was not with us. 
He would like to have Jefferson for this great line of railroad to 
run through and he would lke to have the counties along the line 
of the Baltimore and Ohio Railroad, but it was not absolutely es- 
sential, for the road had a right-of-way of which it could not be de- 
prived. He confessed, however, that where a county was situated in 
our midst which might not now be loyal, we had a right to take it 
in, if a majority of those around it should say their interest re- 
guired it. But he did not desire to bring in such counties which 
lay upon the borders if they were unwilling; however, a provision 
might be made to provide for an expression from all such, and let 
the matter be determincd by that. 

This now was the only reeognized government in the State. If 
action were taken now they could go before Congress having ful- 
filled all thg requirements of the United States. The Constitution 
did not require the assent of the people of Eastern Virginia, but 
of the Legislature of Virginia. They did not belong to the East 
but to themselves, and why should they go on _ bended 
knees to ‘those from whom they had _ received much wrong 
and nothing of good. The West. had grown to be a 
power not’ by their aid, but in spite of them. We should 
take advantage of the position the East, by their own aet, 
had placed us in, and not be withheld by any mock modesty. 
Would Congress refuse this request made by loyal citizens wishing 
to take their destinies in their own hands? He believed not. He 
believed the General Government would recognize us. He could 
not see how it would prejudice the cause of our common country 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. B21 


It might, however, address itself to the fears of the Southern States 
situated as Virginia is, with a loyal section within their boundaries, 
lest they should do as we are doing. That was their lookout, not 
ours. He repeated that this Convention had been convened for the 
express purpose of a division of the State, and read letters from 
citizens of the interior urging some measure looking to that pur- 
pose. He had presented these letters here that the voice of their 
people might be heard here. It was their duty as representatives 
to represent that voice or resign. One of the letters was from 
Hon. William G. Brown, and Mr. Brown told them now was the 
time. 

After Mr. Lewis had concluded. 

Mr. Pousury gave notice that he desired to speak tomorrow. 

Mr. Caruiue offered a proposition with a view that it should be 
printed. 

The paper was received and ordered to be printed. 

Mr. Smiru, of Marion, said that as numerous letters had been 
read, he proposed that a letter from Mr. Bates to a member of this 
Convention, should be read. 

Several members said it had been read. 

Mr. CaruiueE said in reference to this letter which had been read, 
that there was another letter from Mr. Bates now in the possession 
of the Secretary, in which that gentleman took very different 
grounds from those taken in this one; and if Mr. Bates was to be 
dragged in here for the purpose of influencing gentlemen to run 
counter to the wishes of their constituents, he would insist that he 
should be brought in in both phases in which he had placed him- 
self. (Laughter. ) 

For himself, he knew not Mr. Bates in this transaction, nor any 
other high functionary; he knew alone the interests of the people 
to whom he was indebted for a place on this floor; and their inter- 
ests and wishes should be the guide of his action, uninflueneced by 
any letters from those in authority. If the opinions of members 
of the Administration were to be used to influence them in per- 
haps the greatest question that ever interested a people, he could, 
if it would not be doing injustice to other members of the Admini- 
stration, relieve them from the suspicion of participating in this 
second edition of Bates. 

Mr. SmirH retorted that Mr. Bates was as good authority as 
other letters read here this evening. 


228 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


Mr. Caruive replied that Mr. Bates might be very good author- 
ity, but he was not their constituents. (Laughter). 

Mr. PoutsteY moved to adjourn. 

Mr. Burry asked the gentleman to withdraw his motion to al- 
low the rule to be suspended to enablé him to offer a resolution; 
and he would just take occasion to say that he thought it very un- 
just to attack Mr. Bates as interfering here when the letter was 
written only in answer to one addressed to him on the' subject. 

-The rule was suspended, and Mr. Burley offered his resolution, 
which was adopted, as follows: 

Resolved, That during the remainder of the session this Conven- 
tion will meet at 9 o’clock A. M., sit till half-past 12 P. M., and 
meet again at 2 P. M. 

The Convention then adjourned. 


ADJOURNED SESSION—TENTH DAY. 
FRIDAY, AUGUST 16, 1861. 


The Convention met at half-past 9 A. M. 

Minutes read and approved. 

The order of the day was taken up. 

The question was announced upon the adoption of the substi- 
tute of Mr. Boreman, of Tyler, and upon this 

Mr. Pousuey, of Mason, proceeded to address the Convention. 

He said there was a great principle at the base of our action 
here. Let us try to discover it and adhere to it, for after all if the 
principle of our action was not correct we must certainly fail. Be- 
fore proceeding to review their action here, he proceeded to pay 
his respects to the gentleman from: Harrison, who had been the 
first mover of their movement here. 

The Convention of May had been correctly denominated a mass 
meeting, and the primary object of that Convention was a division 
of the State. The county of Mason was at that time almost a unit 
for a division, but the representatives of that county came to that 
mass mecting prepared to adopt any course that might seem best. 
They listened to the discussion at that time, and the result of that 
debate was to satisfy them that they were not then ready to act for 
a division of the State; that it was then premature. He went on to 
speak of the somewhat acrimonious debate that ensued between 


- ie. 
. ™< 


THE PEOPLE OF NORTIIWESTERN VIRGINIA IN 1861. 229 


Mr. Carlile and Messrs. Jackson, Willey anl Pierpont. and_ the 
offering and adoption of the proposition which resulted in harm- 
onizing their action. That proposition did not in so many words 
eall for a re-organization of the State government, but he was sat- 
isfied at the time that it must result in that. He spoke of the ap- 
pointment of a Central Committee and the calling of another Con- 
vention and said that he would take it upon himself to say that 
this Convention was not called for the purpose of dividing the 
State, but they were called together for the sole purpose of reor- 
ganizing the State government. The appointment of that Com- 
mittee was substantially the appointment of a provisional govern- 
ment, with the gentleman from Harrison at its head, and it was so 
understood everywhere, by the people and by the Federal authori- 
ties; and at the request of that Committee aid was furnished to 
Western Virginia by the Federal Government. It was substan- 
tially a provisional government, and so recognized, by the publie 
authorities. | 

Now in relation to what were the objects of the calling of this 


Convention, he read the eighth resolution of the May Convention, 


appointing the election for delegates to this Convention here on the 
11th of June, ‘‘to devise such measures and take such action as the 
safety and welfare of the people may demand.”’ 

The Committee proceeded to take such measures as they deem- 
ed best, issuing addresses, ete., from one of*which he read to show 
that the object shadowed forth in both that Address and the reso- 
lution of the May Convention. was to maintain their position 
in the Union; to organize resistance to secession. There was 


another Address issued by the committee, in which the object of 


this Convention was set forth as proposing to proceed to reorganize 
the government of Virginia, and nothing more nor less. Was he 
wrong in saying this? 

Mr. Caruiue said in reply, that he did not remember whether 
the gentleman had stated it right or not; the Address had not been 
written by himself, but by another member of the committee. 

Mr. Pousuery said such was his recollection, that it distinctly set 
forth that object. He knew that speeches of gentlemen in the first 
Convention contemplated a division, but this Convention was not 
to be governed by such expressions, but by the authorized expres- 
sions and conclusions of that body, and the documents he referred 
to showed that this Convention was called for the specific purpose 
of a reorganization of the State government. 


230 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


Not only so, but such was the understanding, and such sub- 
stantially our own declaration in the first session of this Conven- 
tion; and must they now go back and reverse their own decisions 
deliberately made? Then they had acted upon this very point and 
acted specifically, and this body unanimously declared that during 
the present revolutionary crisis and the continuance of hostilities, 
it was imprudent and inexpedient to undertake a division of the 
State. He read from the Address prepared by the Committee on 
Business and adopted by the Convention at the close of the first 
session, to sustain this proposition. 

Now they were asked, clamorously demanded, to act upon the 
division question. Was there not danger of committing the error 
committed by the Convention at Richmond of exercising powers 
not intended to be conferred upon them by the people? He thought 
there was. He had therefore deemed it necessary to recur to the 
powers conferred upon them by the people. They should lmit 
themselves to their legitimate powers. <A certain amount of action 
was necessary, but it had been determined by this Convention 1it- 
self not to take any action not absolutely necesssary for the im- 
mediate safety of the people; and this action taken here now had 
received the sanction of loyal people everywhere, and of the au- 
thorities of the United States. Did they suppose if they had in- 
augurated a mere paper re-organization of the government they 
would have received this sanction and-recognition? No, Sir. 


He appealed to them as statesmen to maintain their consistency, 


and not to stultify themselves by repudiating all their former ac- 
tion. If they proceeded now to direct a division of the State be- 
fore a free expression of the people could be had, they would do a 
more despotic act than any ever done by the Richmond Convention 
itself. That Convention had offered the people of the State at least 
the form of a vote. and the Northwest at least had had a full and 
free expression; and now they proposed to cut off Eastern Virginia 
without even the form of a vote. They now proposed a division 
when it was impossible for one-fourth of even the counties included 
in the boundaries proposed to give even an expression upon the 
proposition. Were they to act for the West alone, and when but 


a small portion of it even could speak? But gentlemen.told them 


the enemy would soon be expelled, and then they could have a 
vote. 
Mr. Lewis inquired whether the gentleman would vote for the 


J. 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 231 


original bill or the substitute of the gentleman from Upshur, or for 
that of Mr. Carlile, if the time of holding an election for an 
expression of the people should be put off till the first of January. 

Mr. Pousuey said if he would so modify his proposition as to 
let the Legislature order an election so soon as it might appear that 
a satisfactory and free expression might be obtained. But he was 
opposed to fixing a particular day. He believed that a proposition 
to divide the State should originate in the Convention. He did de- 
sire most earnestly that this Commonwealth might be divided as 
early as possible, but he feared a false step now would effectually 
defeat the grand object which they all had at heart. 

As for the danger in case of a compromise with a rebellion, he 
had never for one moment felt a doubt of the ultimate success of 
the arms of the Union, but if that danger did exist then he main- 
tained their present position was much stronger than if changed in 
any particular. Was it presumable that in such an event the State 
of Delaware or Maryland could be transferred without their assent? 
If not true of them neither was it true of the State of Virginia. 
On the hypothesis that we were the legitimate government of Vir- 
ginia, could any compromise be made to transfer Virginia without 
the consent of our government here? j 

They had been told that the people are clamorous for imme- 
diate action. He had endeavored to find out if this was an imag- 
inary or a real clamor. When people are oppressed, or desire a 
grand object through their representatives, it has been customary 
to present their petitions for that purpose. Had a solitary petition 
been offered here? 

A MepmMeBer said some three or four had been offered here, 1g 
ed by some seven hundred names. 

Several members volunteered to give the gentlemen information 
as to the willingness of their constituents to sign such petitions. 

Mr. Poustey resumed: ‘‘ Well, then, here were seven hundred 
out of some 640,000, who had petitioned them on this subject.’’ 

The Speaker followed at some length in a criticism upon the 
course of the Hon. William G. Brown, of Preston, for attempting, as 
he said, to influence members of the Legislature to go for an im- 
mediate division. 

He had been told that Senator Johnson, of Missouri, had express- 
ed an opinion in favor of a division of this State, and that opinion 
was used as an argument here. Who was Senator Johnson? He 


hed PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


was a nephew of Ex-Governor Joseph Johnson, of this State. Sena- 
tor Johnson was found alongside of John C. Breckenridge, and 
others like him and was a secessionist, and gave that advice because, 
if acted upon, it would destroy public confidence in this body and 
our government here. ; | 

Mr. CARLILE wished to say a word in justice to Senator Johnson, 
but 

Mr. Poustey declined to give way. He insisted that by the 
Union men of the country Senator Johnson was regarded as a se- 
cessionist; and his proposition was the very identical advice he 
would expect to hear from every secessionist in the land. Let him ~ 
inquire if there was a solitary Senator in- Congress, or member of 
the House of Representatives, who was in favor of immediate ac- 
tion towards a division of this State who could be relied on as 
sound and loyal. No, Sir; all such had advised them to adhere to 
the position they had now assumed. They had now the support of 
puble opinion, and let them maintain it. Mr. Polsley coneluded 
without being able, on account of ill health, to finish his remarks. 

Mr. Hussarp, of Ohio [county] followed, apologizing for suc- 

ceeding Mr. Polsley upon the same side of the question. He went 
back and reviewed the early steps taken in the movement here in- 
augurated and argued from the language of the eall of the first 
Convention, and that of the Addresses of the Central Committee, 
and the resolution of the first Convention, that it was not iaug- 
urated for a division of the State, but a re-organization of the 
government for the whole State, and the support of the General 
Government in putting down rebellion. 
@He alluded to the resolutions of Mr. Farnsworth, declaring that 
the object of re-orgaruzing the government was to obtain the di- 
vision of the State, which, were laid upon the table by a vote of 
some fifty odd to seventeen. He eriticised the course of Mr. Lewis, 
of Harrison, in relation to his former position upon this question, 
and referred to a card that gentleman had published denounc- 
ing the action of the first Convention. 

Mr. Lewis said that the card referred to would ee that he 
was opposed to a disintegration of the State at that time, which 
he understood the Convention to favor, because he believed it 
would then have been unconstitutional; but when the re-organiza- 
tion of the whole State was suggested he saw that an object which 
he had long desired might be accomplished constitutionally, and 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 2355 


he had more than once expressed regret that he had at first mis- 
understood the object of the movement. 

Mr. Husparp, resuming, said his objection to action now in the 
direction of a division was that it would embarrass the General 
Government in putting down rebellion, and if he did not believe 
this he would make no objection whatever. He wanted to know of 
gentlemen if the regular State government now in operation here 
was destroyed how could the remainder of the State ever be restor- 
ed to the Union. The President of the United States had said that 
this movement here was worth more to the Government than an 
army with banners. He regretted to have heard the suggestion 
that upon the erection of a new State, and the fixing of the boun- 
daries at the Allegheny, our young men would rally to that bar- 
rier to defend us. Why, Sir, what would you have thought if 
the people of Ohio had rallied to the Ohio river and said: ‘‘ Here 
we will defend the Union.’’ He wanted them not to stand still 
but to go on until the loyal people of all the State, and of all the 
South, should be liberated from their present oppression. When 
this had been done he was willing to go for a division, but not till 
then. He felt that he was pledged to every Union man in Virginia 
to press forward their deliverance to a final consummation. It 
was not a question of self interest, but of duty to the whole coun- 
try. He wanted them to realize that they were not a third party, 
but they were part of the government, and their highest duty was 
to the Constitution of the United States. He regretted that it had 
been doubted that the government would not be successful in the 
contest. He himself had no doubt. He knew of no way to restore 
_the Union’ except for the loyal people of the seceded States to re- 
organize their State governments; and now that they had inaug- 
urated this general movement, he hoped they would rise to the im- 
portance of this great movement and not turn aside for any ob- 
ject of minor importance. 

The speaker spent some time in replying to the arguments of- 
fered a few days ago by the gentleman from Randolph (Mr. 
Crane). 

Gentlemen wanted to know how long he was willing to remain 
connected with the East; just so long he replied, as it should be 
necessary to sustain the loyal people of the East, and aid the Gov- 
ernment in. putting down rebellion. 

One more thought was that action now would injure this gov- 


234 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


ernment here; that as soon as this other government should be 
projected they would lose their regard for this one. And in reply 
to the gentleman from Lewis in reference to wanting a representa- 
tive government, he would say that a Governor could be elected 
as easily and speedily as the State could be divided. 

There were many other points to be noticed in this connection, 
but he would leave them to other gentlemen. 

After Mr. Hubbard concluded, 

Mr. ZINN made an explanation in regard to the letter written 
by Mr. Brown, which, it had been charged here, was written with a 
view of influencing the action of the Legislature. 

Mr. Farnswortnu obtained the floor, but gave way to Mr. Carlile, 
who addressed the Convention at length. 

Mr. CaARuILE having obtained the floor, said: 

Mr. PresIDENT—I have already said so much on this subject that 
T feel that it would be inflicting unusual punishment upon the Con- 
vention for me to enter into anything hke an extended line of re- 
marks now. I do not design to do so; but will be brief as I can be 
and pointed as I may. 





We should not, Sir, in the heat of discussion, in our zeal, or in the 
confidence we have in the correctness of our Judgments, allow that 
zeal to run away with those judgments in the discussion of the ques- 
tion now under consideration. I have been astounded at listening 
to speeches from very patriotic and able gentlemen who seemed to 
argue this question as if our loyalty to the Union was bounded by 
State lines. My friend who has just taken his seat (Mr. Hubbard) 
imagines in one moment that our loyalty to the Union ceases the 
instant the people of this country should run a line separating them 
from the residue of the State, and in the same breath, almost, he 
shows conclusively that that cannot be, for he pays a well-merited 
compliment to our loyal friends across the river, 

Mr. Hupparp—I was simply commenting upon the remark of a 
member that we should fortify along the boundary of the new 
State when run, and merely referred to our Ohio friends in show- 
ing how unpatriotic was such a suggestion. 

Mr. Cartiue—Well, if I had supposed that loyalty was bounded, 
by state lines, I would be the last to claim the State of Virginia 
as she stands today upon the question of loyalty, as my own. If 
gentleman will convince me that the running of a line on the top 
of the Allegheny mountains, or anywhere else separating the North- 





THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. Bah 


western portion of the State from the residue of the State, and 
erecting it into a separate and independent State, would relinquish 
the patriotism of its people, I would be the last man to do so. Or 
if you can satisfy me that the action we propose here will embarass 
~the Federal Government in the slightest degree in the effort that it 
is now making to maintain the Union and the supremacy of the 
laws, I will join hands with you gentlemen and vote the proposition 
down. That is the only argument I have heard in which all those 
who have spoken on the other side of the question coneur in the 
opposition of this movement—that it will embarass the Administra- 
tion. How, Sir? How? Does the Ohio river that divides us from 
the State on the other side embarrass the Administration in the ef- 
forts it is making to put down rebellion? Is Ohio disloyal? Does she 
send fewer troops here? Does she respond less eagerly to the eall 
for men and money to aid the government than she would if there 
were included within her State lhmits the soil upon which we stand? 
Away with the idea that imaginary lines, defining the boundaries 
of States, crush the power out of the government to maintain and 
protect itself. And, Sir, I was surprised to hear that here in the 
city of Wheeling, the constitutents of my friends on this floor will 
feel themselves constrained, in the event that the people of North- 
western Virginia shall be consulted as to the division of the State, 
to propose that they should be allowed to cut off what they call 
the ‘‘Panhandle’’ and attach themselves as an appendage to the 
small end of Pittsburgh! Wheeling, the city of the West, that in the 
event of a new State being erected here would be the great manu- 
Wheeling, which has 





facturing and commercial city of the State 
had to struggle with the State of Pennsylvania to be allowed the 
privilege of erecting the beautiful and magnificent structure that 
now spans the beautiful Ohio—Wheeling seeking to be an append- 
age to the small end of Pittsburgh! Let the question be put. We 
will vote today if desired; and I know the good sense and interest 
of the people of these four counties will prompt them to vote it 
down. I have no fears that Wheeling will ever commit such suicide 
as that would be to her. 

Now, Sir, tell me how the government is to be embarrassed by 
what we wish to do towards dividing the State? We cannot divide 
the State. What, then, do we propose to do? We propose that. the 
people within a certain boundary may be allowed to declare their 
wishes on this subject. That is all; and the bare fact of consulting 


230 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


the people upon a question that has long been agitated by them is 
denounced upon this fioor in unmeasured terms. But the act, it is 
said, will embarrass the government in its military operations. Now, 
will any gentleman be kind enough to point out how? Show us in 
what manner this embarrassment is to be effected. I listened atten- 
tively and with pleasure, as I always do, to the very sensible and 
able argument of my friend from Mason (Mr. Polsley), and with 
all his ability and good sense, he contented himself upon this 
branch of the argument by merely announcing the fact. Now, Sir, 
I pledge myself to him, and to any other gentleman opposed to this 
movement, that, 1f they will assign one solitary reason—one reason 
true in itself-—if they will point out and show to me how the pass- 
age of the proposition now under consideration will embarrass the 
Federal Government in the effort it is making, I will vote with him. 

Mr. Huspsparp—How is Eastern Virginia to be restored to the 
Union, if the State is divided? 

Mr. Caruine—I will tell my friend how. Who is to restore Kast- 
ern Virginia to the Union? Who restored Northwestern Virginia to 
the Union? Why, Sir, the loyal people of Eastern Virginia will have 
td restore it. That is the way Eastern Virginia is to be restored. 
That is the way every seceded State in the Union is to be restored— 
by the action of the loyal people residing within, its limits. But, 
Sir, this does not prevent us from aiding the restoration of the rest 
of the State. The passage of this proposition will not defeat that 
object; it will not render us less powerful than we now are. When 
do gentlemen suppose we will have assembled here representatives 
from all of Virginia?—Wjll they fix any time? I suppose, Sir, that 
if that sight is ever to be presented to our view, it will be presented 
before the meeting of the next sesssion of the General Assembly. 

I suppose, Sir, that this object which gentlemen desire if not ef- 
fected by that time, will be postponed an indefinite period of time; 
and I should be willing to aecept as true the remarks made by 
Governor Sprague, of Rhode Island—than whom a more gallant 
and loyal heart has not exhibited himself during this controversy, 
marching at the head of his own regiments, regiments composed of 
men worth their hundreds of thousands of dollars—when he told 
his Legislature upon his return the other day that this was to be a 
long, protracted war. It is to be a long and protracted war; and if 
we are to take care of our material interests until that war shall 
have ended, as is intimated by the gentleman from Mason—if this 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. Cat 


is to be so, let us know it, and let our people understand it. He 
says he is for no action until we see represented here every portion 
of the Commonwealth of Virginia.—Then, Sir, what is that declar- 
ation? What does that declaration amount to? I put it to his candor 
—TI ask him to answer me sincerely, and say if he believes that if we 
postpone action,until we have here a full representation from every 
eounty in, the State, a separation ever will be obtained? Sir, if he 
does, he has more faith than I have. I have none. This State never 
will be divided if you consult every individual county through rep- 
resentation in the General Assembly. Gentlemen seem to think, Sir, 
that it 1s ungenerous, unkind, to our eastern ‘‘brethren’’ to take 
this advantage of them now. Unkind! Who among them dares to 
make that charge? How much, Sir, were our interests or advan- 
tages consulted when they took upon themselves to throw off their 
allegiance to that Constitution which Washington formed, when 
they inauguarated a revolution in our midst and made this the seat 
of War? 

Mr. Situ, of Marion—‘‘ Does the gentleman have reference to 
the remarks I made??’’ 

Mr. CartitE—‘‘Not unless you said so.’’’ 

Mr. Smrruo—‘‘No reference was made by me to the rebellious 
sentiment in Hastern Virginia, no sympathy expressed for them; 
but a sympathy was expressed for the Union men there who are now. 
Mr. President, trampled down by this worse than despotism. That 
is their situation there; and we believe that if they could be re- 
lieved by any effort of ours, a Union sentiment would be developed 
there which, in gratitude to us, would magnanimously grant 
to us our. rights, and if we would change our present Constitu- 
tion so as to rest our representation upon the white basis, that we 
will then have a majority, and we ean control the East in these 
matters. Not that we should hesitate a single moment because of 
the rebellious sentiment in the East, but because of the loyal sen- 
timent there.’’ 

Mr. Cartite—‘‘The gentleman talks of controlling Eastern Vir- 
ginia by a legislative majority. Sir, we never had, and I venture 
to say, never will have, a majority in the Legislature of Virginia. 

Now, Sir, when gentlemen speak of the West, they speak of it as 
defined by a natural line. Sir, in a political sense, there is no 
West, and never has been, save the Northwest. That is the fact as 
the records and the journals of the Legislature for the last half 


238 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


century will testify. The only West, in its political sense, is the 
Northwest. Where was the fight made and the battle fought—as 
my friend from Wood (Mr. Van Winkle) well knows—but in the 
Northwest ?’’ 

Mr. Van WINKLE—‘‘In the Valley.’’ 

Mr. CartiteE—‘‘In how much of the Valley?’’ 

Mr. VAN WINKLE— ‘Nearly all.’’ 

Mr. SmitH, of Marion—‘‘Yes, and in the Kast.”’ 

Mr. CarninE—‘‘Yes, in the East! Wise fought for it. You had 
Wise over there then; but where is he now? 

But, Sir, look at the lines of improvement in Western Virginia 
outside of the Northwest. Where do they lead? Where is the rail- 
road that penetrates Monroe and Greenbrier and the whole South- 
west? It is the road that runs from Richmond. ‘And the canal that 
has its commencement there and extends on into Covington? They 
all lead into and connect with the East. It is idle for gentlemen 
to talk of any other west save the Northwest. All the rest and resi- 
due of the State is bound by iron bands and commercial ties to the 
Eastern part of the State, and can never have any commercial in- 
terests or intercourse with us. 

Sir, in looking to this, for the first time in my hfe, last fall I 
traveled through the entire Southwest. I saw these things for my- 
self, and if gentlemen have never been there they cannot appre- 
ciate the utter impossibility of ever forming anything like business 
connections between that portion of the State and _ this. The 
wealth of Croesus would not construct a single line of improve- 
ment, running anywhere. from the Northwest into the Southwest, 
and even if it were possible to build commercial lines it would be 
an unnatural direction for trade. 

Now, Sir, tell me if you can, how the loyal people of Eastern Vir- 
ginia are to be retarded in any effort they may hereafter make in 
extending over them the protection, as has been said, of that flag, 
(pointing to the Stars and Stripes suspended over the President’s 
desk.) Do we propose to take up our Government and people and 
walk over into Rockingham and Shenandoah and take a position 
there? Or is it,—and it is but fair to suppose that gentlemen be- 
heve that there are within all these counties patriotic and loyal 
hearts panting for an opportunity to show their allegiance to the 
government formed for them by their fathers, and their hatred to 
these who have involved them in this rebellion? Is not that the 








THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 239 


idea? Does any man suppose that ever Eastern Virginia is to be re- 
stored to the Union as she was before the inauguration of this re- 
bellion, unless it be by the act of her own people residing within 
her own limits, and living there, precisely as Northwestern Vir- 
ginia has done? Then, Sir, tell me how this is to be accomplished. 
As the armies of the United States march through that portion of 
the State and drive before them and out of the country, those who 
are engaged in rebellion, and leave the ‘“‘loyal hearts’’ free, can 
they not act for themselves? What, then, is to prevent them? Have 
they not the same General Government we have? Have they not 
the same Constitution that we have? Have they not the same “‘loyal 
hearts’’ and the same wise heads that we have? If they have not. 
God help them. (Laughter). I fear that even with our efforts they 
eould not be saved. (Renewed laughter). Sir, this great move- 
ment that is ‘‘worth more than an army with banners,’’ which as 
was well said by the gentleman from this city, is the movement 
which is to restore the Union—this movement has to be made, and 
effected, and inaugurated, and persisted in by the people inhabiting 
and residing within the limits of the respective counties that. have 
suffered from secessionism and rebellion. Have they not within 
their midst loyal men, wise men, men capable of being Governors 
and members of the Legislature? If they have not they could not 
send them here. They must have members of the Legislature, and 
those members must of necessity be selected from among their midst 
and how do you prevent their patriotic action, by either bringing 
them to sit in a legislative body at Wheeling, or allowing them to 
sit in one east of the mountains? Would they be less wise or less 
patriotic sitting in a legislative body there, than they would be 
sitting in one here? I grant you they would not have the benefit of 
cur counsel, but in days gone by they have been unwilling to 
take our counsel. We have endeavored to force it upon them, but 
we have always been told in effect, to stand aside, and we have been 
spoken of as the ‘‘disgraced Northwest.’’ And it is to these, ‘‘our 
brethren,’’ who have brought upon us calamities under which our 
whole country is reeling and tottering—who have involved us all in 
one common ruin—it is tender consideration for these gentlemen 
that is to stay us in an effort made to relieve us from a dominant 
and arrogant governmental majority, and place us where, and make 
us what nature and nature’s God designed us to be, a free, separate, 
independent, political community, occupying a place upon that flag, 





240 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


a star as large as either of them, side by side with the thirty-four 
now there. This is to be sacrificed; our material interests are not 
to be considered; the wealth contained within the surface of our 
soil is to remain as it has always been, undeveloped; and we are to 
seek in other States and in other communities, that sympathy that 
we should share and which we would share in our own State, if 
we were not separated from the rest of it by natural insurmounta- 
ble barriers. 

But, Sir, a resolution offered by my friend from Upshur, (Mr. 
Farnsworth,) at the last session of the Convention, is referred to 
as having been defeated, and it is sought, by constructions placed 
upon this and upon the action of the former Convention, to deny 
this Convention the power to do anything that will affect, in the 
slightest degree the status of our people, or any portion of them. 
They deny that the object of calling this Convention was to provide 
a way by which the people could declare their wishes on this sub- 
ject; and then quote resolutions, all of which go to show that the 
object of this Convention was ‘‘to take such steps and adopt such 
measures as will best promote the welfare and secure the safety’’ 
of our constituents. Now, Sir, there are some of us here foolish 
enough to believe that our interests and welfare will be best pro- 
moted by a separation from the rest of the State. I would like to ° 
know if we so believe, if we have not the right, under and by the 
authority of those resolutions referred to, to endeavor if possible 
to induce the Convention to allow the people to speak their views on 
this subject. No definite action under prescribed rule was laid 
down for our government by the plan of any of these Conventions ; 
but when that very resolution of my friend from Upshur was 
tabled—and IJ take it for granted I voted to table it—when it was 
under discussion here for two days, as mentioned by the gentleman 
from the city of Wheeling (Mr. Hubbard), I know one member of 
this Convention that did say that he opposed ‘such propositions 
then because we had no legislature that could give the consent re- 
quired by the constitution to our separation, but who did, in the 
very same speech in which he opposed the resolution, say that at 
the very instant, as soon as could be, after we have such a Legisla- 
ture, he would be foremost among those who sought a division of 
the State. He who now addresses you said that on the 13th of 
June. 

We knew how that resolution was tabled. That vote was no ex- 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 241 


pression of sentiment, and it was so said by men who voted for 
tabling the resolution. I recollect my friend from Monongalia 
(Mr. Dorsey,) who came here from a county, at a town of which 
eight hundred and twenty-one votes were cast on the twenty-third 
of last May for a division of the State, and but eight hundred 
against the ordinance of secession. He took the very same ground 
whenever he saw that there was a constitutional difficulty in the 
way, that no good whatever could be accomplished by agitating the 
subject then, and he, with others, voted against this proposition, and 
they pledged themselves to use every effort in their power to bring 
about a division whenever it could be accomplished. That is the 
ground we all took, and the published debates show it to be so.’’ 

Mr. Hawxurst, of Fairfax—‘‘Why then did you invite the 
Union people of the East to meet you in Convention ?’’ 

Mr. CartiteE—‘ Why, Sir, we want you here, we are glad to have 
you with us; you came, however, without our invitation in the first 
place, allow me to say. That call as read this morning by the gen- 
tleman from Ohio (Mr. Hubbard), was a eall for the Northwest, 
and it alone. But when you come here to participate with us we 
like you to do so, so long as we have a government claiming to be 
the government of Virginia—not only have you here that are here, 
but have an addition to your number.”’ } 

Mr. Lamp—‘‘ According to my recollection of the call, the lang- 
uage of the call was very different.’’ 

Mr. CartiteE—‘‘T drew that resolution with my own pen.”’ 

Mr. Lamp—‘‘T do not allude to the call for the first Convention.’’ 

Mr. Stuart—‘ Mr. President, the hour of half-past twelve has 
arrived, and I believe that is the hour fixed for adjournment.’’ 

Mr. CaruitE—‘‘I would be glad if I could have a few minutes to 
finish; it would take but a few minutes.’’ 

Several members, ‘‘Go on!’’ ‘‘Go on!”’ 

General consent was given and Mr. Carlile proceeded. 

‘‘Mr. PRESIDENT, my recollection of that call is as it was read; it 
was a call to the Northwest, drawn up by myself and adopted by 
one of the largest and most respectable assemblages that ever met 
in Harrison county, and, Sir, we took occasion to send messengers 
with the proceedings of that Convention into every county of the 
Northwest.’’ 

Mr. Lamp—‘‘I referred to the call for the June Convention. It 
will be found that the purpose of that call was very different.’’ 


PAD PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


Mr. CarLitE—‘‘I take it that that was an invitation to all loyal 
citizens to participate here. Reference to that call has been made 
and it is used as an additional argument why we should ‘‘wait!’’ 
‘wait !’’—‘‘wait until it is too late for the accomplishment of our 
purpose. Our friends from the Eastern part of the State ask us 
to ‘‘wait.’’ We have been waiting upon them ever since the 13th 
of last May. We called upon you then; we called upon you in 
June, and we call upon you now in August; and because you are 
not disposed to put your necks into the halter here, as some gentle- 
men have talked about,doing—I have never talked about it—it may 
be for that or for some other reason, you have not heeded our call. 
Are we to ‘‘wait,’’ and ‘‘wait,’’ and ‘‘wait,’’ until we are bound 
hand and foot by that same old governmental dominance, and the 
power has passed from our hands, and that which our people have 
hoped for, prayed for, worked for, be forever denied ?’’ 

Without concluding, Mr. Carlile gave way for a recess. 


AFTERNOON SESSION. 


The Convention re-assembled, and Mr. Carlile took the floor, 
and proceeded to finish his remarks begun in the morning session, 
as follows: 

‘‘Sir, nations and political communities are governed, so says 
every writer upon the laws of nations and every writer upon the 
morals that govern political communities, by interest. Interest is 
at the base of all political action; and if we believe it to be to our 
interest to sever the bonds that connect us to old Virginia we are 
justified in the eyes of the world. We have the highest authority 
for our availing ourselves of the opportunity now (I think) prov- 
identially presented to us, of obtaining that which we believe to 
be essential to our interests. Sir, I am enlisted in this war for the 
maintenance of the Union as much as any man; I will do no act, 
take no step that will in the slightest degree, if I know it, prejudice 
the Union cause in any way, shape or form; and I will say here 


now what I have always said that the first object, with me, is the ~ 


preservation of the Union, (a member ‘‘that’s it.’’) Satisfy me that 
that first object is to be enfeebled and endangered by any act now 
looking to a division of the State and I am with you. I make a 
division of the State subordinate to the maintenance of the 
Union. But I cannot believe that it is to come in conflict with any 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 243 


effort that it is to be made by us or by any one else for the preserva- 
tion of the Union; and until I have a reason assigned me, showing 
how it is to conflict, will I not yield the position I have taken upon 
this subject. ; 
Why, Sir, I was surprised to hear gentlemen enumerate diffi- 
culty after difficulty, all of which as was well said on yesterday 
by my friend from this city, (Mr. Paxton) has existed and will 
continue to exist throughout all time, with the solitary exception 
of the embarrassment of the Administration in this struggle. 
These reasons are assigned by gentlemen who tell us that they are 
in favor of a division ‘‘at the proper time;’’ and that ‘‘proper 
time’’ is when all Virginia is represented in the Legislature, and 
then the time is when you never can get the consent of the Legis- 
lature. Now, Sir, I have my own views about the position of gen- 
tlemen when they tell me they are in favor of a division of the 
State, and say they intend to postpone it until that time; for they 
must know if they postpone it until then they never can get the 
eonsent of the Legislature. Then, Sir, there is an argument which 
I alluded to the other day and will repeat, that is a full answer to 
all that has been said on this question of embarrassing the govern- 
ment. If it is believed by the Congress of the United States that 
a separation of this State will embarrass the efforts making to sup- 
press the rebellion, will they admit us as a State? Hach one can 
put that to himself and answer. It is not worth while for us to 
say what Congress will do or will not do. That is all speculation. 
I do not think that any gentleman is authorized to speak for any 
deliberative body, because they very often, in a very short period 
of time reverse their own opinions. Now, Sir, if we act as is pro- 
posed, and provide that the sense of the people within the bound- 
ary shall be taken upon this question of a new State, and they de- 
elare for it, and the Legislature consents to it, and Congress gives 
its assent, why it will be [the] very best evidence in the world that 
gentlemen are mistaken in supposing that it will embarrass the 
Administration; but if Congress should withhold its consent— 
should it be the opinion that the Administration or the Govern- 
ment is to be embarrassed in the slightest degree, my word for it 
they will postpone action on your application. Congress will not 
~ admit you; they may not reject your application; they may let it 
lie over and say to you: ‘‘When the proper time arrives we will 
admit you,’’ but they will not admit you now. Tell me how the 


244 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


initiatory steps, the proceedings taken here, are to affect in the 
slightest degree the power of the government to determine this 
question of embarrassment for itself. That is the question I put. 
Answer that. Depend upon it Congress, according to its mem- 
bers, is just as loyal as we are. Congress will guard the interests 
of this Union with as much eare as we can; and if our application 
should be made to that body for admission into the Union as a 
State, and they believe it will embarrass the government in the 
shghtest degree, they will either refuse our application at once or 
postpone action upon it. They will take care that the public in- 
terests suffer no detriment whatever by any action we have had 
out here in the country, and that action is the assembling on a 
given day of voters in their prescribed districts to declare their 
wishes upon a separation of the State, and their adoption or re- 
jection of a Constitution proposed to them to govern them if they 
do vote for a new State, and the action of the Legislature upon it; 
all of which is nothing, affects nothing, binds nobody; changes the 
relation of no one, affects no political organization whatever until 
it has obtained the assent of Congress. Such consent will not be 
given, we may rest assured, if gentlemen shall be found right in 
their predictions, and if it is found that the government is to be 
embarrassed in the struggle. 

A word or two more, and I have done. I thrust my opinions un- 
warranted upon no one. I have heretofore shown that I am willing 
to yiéld the cherished principles that I have advocated with 
warmth and zeal. I yielded to the gentleman from Mason, and 
others who thought with him in the Convention of May. I yielded, 
as my friend knows, after doing all I could in that Convention for 
a separation. JI am willing now, if any compromise that looks 
to any reasonable accomplishment of the object we, nearly all of 
us, profess to have at heart, can be agreed upon, to go with you. I 
would dislike exceedingly, I assure you, that any action of this 
body should go out to our people by a meagre vote. J should dis- 
like exceedingly, that those of us who believe our people almost — 
unanimously demand at our hands that we should provide a means — 
by which they might be allowed to their opinions on this subject 
that they should be denied that expression by a bare majority of 
one or two. I should dislike exceedingly to have a minority go © 
away dissatisfied, determined to make an opposition. Whatever 
may be our conclusions here, let us all resolve that we will support 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 245 


them unanimously; and if we have the good luck to beat you by 
two or three votes, which I think we will, just come in as we do, 
you know, when we want to elect our party candidates, and make 
it unanimous.”’ 

Mr. Situ, of Marion—‘‘ And you won’t go away and break up 
the government?’’ 

Mr. CartitE—‘‘ No, Sir.’’ 

Mr. VAN WINKLE—‘You will do it if you agitate this subject.’’ 

Mr. CarnuinE—‘‘ Why, Sir, how can that be? This question is 
agitated all the time; it has been agitated for a long while.’’ 

Mr. Burpert—‘ Yes, for thirty years.’’ 

Mr. Cartine—‘Yes, Sir, and you may say ‘‘down!’’ ‘‘down!?’’ 
But, gentlemen, it will not go down. It will be agitated. It is a 
question, Sir, as was stated by one of my colleagues (Mr. Lewis) 
yesterday, that has been looked to and expected from the founda- 
tion of our government. It was predicted, as we were told by one 
of the brightest lights in the Convention which formed our first 
Constitution, that this part of the State would not submit to a con- 
tinuance of its connection with the rest of the State. Why, take the 
map of Virginia and look at it, and you will see at once, that this is 
an unnatural connection, and works injuriously to the interests of 
the people thus connected; and upon that great rule, that all po- 
litical communities will do that which best promotes their interests, 
they say this separation will have had. You cannot affect the gov- 
ernment at Wheeling. It is by that government that we expect 
to get the separation, Sir; we cannot turn our backs upon it.”’ 

Mr. Van WINKLE—‘‘ You will bring it into contempt.”’ 

Mr. Caruite—‘‘Sir, you cannot bring a government into con- 
tempt while my friend from ‘Wood is a member of it. (Laughter.) 
No man ever brought himself into contempt, except by his own 
misconduct; and no government can but by the same. But, Sir, I’ 
will tell you what will bring it and every one into contempt — 
weakness in its knees. Scarcity of funds, Sir, will bring it into 
a position where contempt might reach it. How are you going to 
get funds? Thus far we have been fortunate. The great Demo- 
eratic party has conferred upon us a boon by refusing in our 
State to take the share of the public proceeds of public lands, 
which belong to us under the act of 1841. (Laughter,) We eager- 
ly jumped at it, Sir, and it has been the means of supplying our 
empty treasury; but in consequence of the many drafts which are 


246 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


made upon it, it is fast dwindling away; and if we stay here much 
longer, the forty-one thousand dollars will be entirely gone.’’ 
(Laughter. ) 

Mr. Hawxuourst, of Fairfax—‘‘If we of the East are to be cut 
off, will the gentleman tell me how we are to get our share of it?’’ 

Mr. CarLtItE—‘ Why, take it out in $4 a day mileage, as the 
member from Fairfax is doing now. (Laughter.) As long as you 
remain in Virginia you throw into market your Virginia bonds at 
a nominal value of about forty or fifty cents; but divide the State, 
and your bonds will go into market at par, and you will have the 
funds necessary not only to pay us in legislative assemblies, but 
to improve our country and to start the iron horse snorting through 
all these hills. (Applause and laughter.) Sir, that is a question 
I have looked at from the beginning. No government ever was 
respectable, no government ever will be respectable without money, 
and very few men, I think. (Laughter.) That has been the cause 
of my want of respectability all my life. (Laughter). And, Sir, 
I appreciate it, I have felt it, I know it, and therefore, while I 
may, as an individual, lack the respectability that funds would 
give me, yet, as a member of a State, with plenty of money, I may 
feel at least that I have political respectability. Now, Sir, how 
are you to get the money—where is it to come from, that is to 
grace this Wheeling government? Echo answers, where, But, Sir, 
take these steps, if your people really do, as we believe they do, 
desire a division and will vote for it, and the Congress of the 
United States admits you, you start upon a new career, unem- 
barrassed by debt. For, Sir, when ever there is a settlement made 
between this portion of the State and the residue, and a corres 
balance struck, it is in our favor. 

Mr. Van WINKLE—‘‘Does the gentleman mean to say that by 
‘separating we get rid of the debt?”’ 

Mr. Cartme—‘‘T say whenever we divide this State, and settle 
this question of debt and there is a correct balance struck, we will 
bring the other side in debt, that is what I say.”’ 

Mr. Smiru, of Marion—‘‘ How is it to be settled ?’’ 

Mr. Cartite—‘‘That, Sir, is to be left for yourself and other 
eminent gentlemen who will be in the future legislative assemblies: 
of Virginia to determine. (Laughter.) ‘‘Sufficient unto the day 
is the evil thereof.’’ It will be time enough to consider this mat- 
ter when the time for considering it arrives. The subject of this 


_ 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 247 


settlement is to be a subject for gentlemen who are to fill the leg- 
islative halls of a new State. 

But, Sir, instead of embarrassing the Government by this move- 
ment, I maintain it would relieve it to a very great degree, and 
how? If we had a defined line to defend. all we would have to do 
would be to put our military there. But, Sir, where have we any 
definite boundary to protect? Tell me the definite boundary we 
have to protect. With 20,000 or 30,000 Government troops today 
in our midst, they are scattered from county to county, with no 
force capable of resisting anything like an armed force brought 
against us. Give us a line; and the line we propose for the new 
State that we will have to defend is only the line that divides us 
from the rest-of the State, and if there are ‘‘loyal hearts’’ they 
will soon be able, with the advancing march of the Federal Army 
to save us all trouble of protecting it. Then we shall have a defi- 
nite boundary which alone we could call upon the Federal 
Government to aid us in protecting , for we will rely upon the brave 
hearts and strong arms of our loyal citizens to protect us against 
secessionists in our midst. For, Sir, once get that line established 
those of them who are disposed to give us trouble will ‘‘leave their 
eountry for their country’s good’’ but so long as they are here, 
encouraged and assured by the presence of the Confederate Army 
within our limits, so long will they prove a thorn in our side, and 
so long will they resist successfully the operation of our Wheeling 
government. There is an advantage which it seems to me we 
would derive from this separation, that nothing can give us. With 
a defined. line beyond which secession forces dare not approach 
without violating the ‘‘sacred soil’’ and sovereignty of a free and 
independent State, we could defend it with fewer Federal troops 
and less of the Government’s money than it will take to suppress 
an indiscriminate rebellion, and protect indiscriminately a popu- 
lation seattered all over this section of the State. There is an- 
other argument, Sir; it will relieve the Confederate forces from all 
obligation they feel to protect their own soil. Once let them see 
that this portion of Virginia is beyond their grasp; once let them 
see that this is a separate and independent political community, a 
State to themselves, recognized as such, they may in the language 
of Wise, be willing to let the ‘‘disgraced Northwest’’ go, and take 
their armies where they may be wanted more for home protection 
of secession than they are in this region. There will be no longer 


248 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


what I may eall an honorable obligation resting upon the State to 
protect its soil, because that soil will be no longer hers, and we 
may in this way relieve our people from these secession armies in 
their midst. And we ean confidently tell them ‘‘beyond this line 
you cannot and dare not come. 

These may be all insufficient reasons, but they are some of the 
reasons that induced me to advocate the proposition now under 
consideration. I shall, as I remarked, however, bow to the decision 
of a majority of this body, and I will go as far as he who goes 
furthest to suppress anything like a revolutionary movement. We 
hope by fair argument, we hope by holding up before you the 
honest wishes of the people, we hope by appealing to all that we 
think should influence and govern men in a representative capac- 
ity, to obtain the sanction of this body to the proposition now un- 
der consideration, which is not a proposition to divide the State, 
which I repeat works nothing, effects nothing, changes no relation 
on earth until it has the assent of the Congress of the United States 
who will judge the propriety of giving or withholding their con- 
sent. 

Now, Sir, I desire to notice a remark made in relation to what 
T said the other day, that a new State would deprive me—’’ 

Mr. Stuart (interrupting)—‘‘Mr. President, I must insist on 
an adjournment; it is now within a few minutes of one o’clock, 
which is dinner time for most of us, and we have to be back here at 
half-past two.’’ 

Mr. CartiE—‘‘I will forbear willingly, and thank the Conven- 
tion for having indulged me so long already.’’ 

The Convention took a recess, and on its re-assembling at half- 
past two, Mr. Carlile took the floor and concluded his remarks as 
follows: 

‘‘Mr. PRESIDENT, the great argument, the main argument, and 
the one that seems to be relied upon by all who have opposed this 
measure publicly, is the embarrassment to the Administration in 
consequence of our government here not extending itself over 
other portions of the State. Now, with all kindness and with all 
respect for our friends who lke myself are filling offices under this 
government, I would say according to my view, it would be a little 
more modest, to say the least of it, in us allowing the loyal citizens 


of Eastern Virginia whenever the armies of the United States al- — 


low them to do so, to select for themselves their own governmental 


we a ; 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 249 


officers, and not for us by virtue of our power to spread over them 
our own. It is a fact well known, Sir, that only those who have 
been represented in the Convention here, and in the Legislature 
had a voice in the selection of any of these officers. Therefore, I 
repeat again I cannot see how our action is to embarrass the Fed- 
eral Government in restoring the former government to the loyal 
people of Eastern Virginia unless it is to be done without the 
consent of the people who are to be governed and without allow- 
ing them to determine who shall be their officers under the govern- 
ment, or unless it is presumed that we will have the military pow- 
er to govern them by mere foree, which I presume no one desires 
or would advocate. 

Then, Sir, without delaying the Convention longer, I think I 
have successfully met the main argument of the opposition to this 
measure. I meet it first by showing there can be nothing in it, for 
nothing we can do affects or changes our relations in the slightest 
degree to the people of the Union or the people of the State. All 
that we do is initiatory, and is void, and ean be of no effect, unless 
consented to by Congress. If consented to by Congress, it is the 
best evidence in the world that the government will not be em- 
barrassed by our action.—They have full and entire control over 
the whole subject; and we all know that if Congress should sup- 
pose for an instant that the legalizing, acknowledging and recog- 
nizing of our action would embarrass the Administration, they 
would refuse to do so. 

Then I show, I think, conclusively, and beyond doubt, that there 
ean be no government restored to the people of Eastern Virginia 
only by and through the action of the loyal people of that portion 
of the State. They must act, and then the government that is re- 
stored to them is a government of the people—a government de- 
riving all its vitality, its existence, its being, from the action of 
the people. The government that we would thrust upon them 
without their expression and their action, would be as perfect a 
tyranny as could be established over any people. Therefore, I 
take it, it is not contemplated by the opponents of this measure 
that even if we remain as we are, one State, with no government 
but ours that we have restored and organized here, it shall not be 
extended over them without the action of the loyal citizens of Hast- 
ern Virginia, and they can just as well restore their former Gov- 
ernment for themselves without having our Governor and Council, 


250 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


as they can with them. Therefore, I cannot for the life of me— 
it may be because I am unable to understand—I cannot see the 
foree of the arguments that have been used. 

But, Sir, I desire again to call attention to the important point, 
and I want the question answered, if we continue as we are, if the 
loyal citizens of the eastern portion of the State cannot be reliev- 
ed by December next, where is the money to come from that is to . 
supply the treasury? Does my friend from Fairfax, who wants his 
‘‘share’’ of the public money—does his county contribute anything 
towards the expense of this government? How much has it paid in- 
to our treasury? How much does he suppose it will, until the ar- 
mies of the country have relieved his people? How much has been 
contributed by those living east of the mountains toward the ex- 
penditures that have already been incurred, and how much do we 
expect will be contributed towards those to be hereafter met? I say 
not this by way of reproach, but of sorrow. It is because of the 
inability of those who we say are devoted to the Union, to do so; 
they have been prevented from doing it; and we have not «he pow- 
er of ourselves to relieve them. If relieved at all, they must be re- 
lheved by the Federal power, and by our taking action here which 
will relieve to a small degree the Federal army and will enable it ° 
to retain in our midst a less force than will be otherwise required. 
We to that extent early contribute to the realization of the hopes 
of our loyal friends east of the mountains. 

But we are met with the question how is this debt to be appor- 
tioned and settled? It is a sufficient answer at any and all times to 
say that it is to be met whenever a division takes place, and if 
there is any argument in the question at all, if anything is to be 
inferred by its use, it is an argument against a division for all time 
and under all circumstances; for whenever it takes place it must 
be met. But, Sir, I will say that if there could be no other way of 
meeting it we could meet it by buying up every dollar of it our- 
selves. If we had a separate State existence we could issue our 
bonds in the market and command fifteen millions of money to- 
morrow; and if our bonds can now be bought up at thirty cents 
on the dollar, as a gentleman of this city informs me, less than 
fifteen millions would pay the forty-six millions which Virginia 
owed prior to the first of January last. But there is no necessity 
for this. The question of an equitable assumption can be met just 


ae 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 251 


as well today as it can be a hundred years hence, if those who come 
after us are found as we are, struggling for this separation. 

Give us, then, the position designed for us. Let us avail our- 
selves of this opportunity. There is no reason in morals, and there 
is no reason in law, why we should not avail ourselves of it. There 
has never been a time before, in my humble judgment, when it 
could be accomplished, and I think it extremely doubtful if theve 
ever will be again, when it can be accomplished peacefully, con- 
stitutionally and legally. Now is the day and now is the hour. 
‘‘There is a tide in the affairs of’’ peoples as well as the affairs of 
*‘men,’’ which taken at the flood leads on to fortune.’’ That tide 
is flowing for us. Let us avail ourselves of it. Let not the golden 
moments pass by, for they may never return. Let us all sacrifice 
all of personal pride and personal feeling and private opinion we 
may have entertained. Let it all go as the veriest dust; let it be 
thrown to the winds of heaven, and let us bring to the altar of our 
common country all the patriotism and all the wisdom that is with- 
in us. I repeat, Sir, there is no difference of sentiment among the 
members of this body, or among our constituents, as to the sup- 
port we should give the cause of the Union. Its flag we will main- 
tain and uphold, and we can better do this with a separate ex- 
istence than we can now, embarrassed as we are at every step we 
take by the innumerable burdens that are weighing upon us so 
long as we remain in this State.’’ 

Mr. CARLILE then proceeded to reply to charges of sympathy 
with secession made by Mr. Polsley against Senator Johnson, of 
Missouri, after which he concluded his remarks, as follows: 

‘*Mr. PRESIDENT, with the evidences which we have of the desire 
on the part of the people to be heard upon this question, whether it 
be a majority or a minority, I think it is as little as we can do as 
representatives professing obedience to the will of that people, to 
give them an opportunity to be heard at the ballot-box upon this 
subject. This is all we propose; all we ask; all we will be pledged 
to by any action of our own; and, Sir, that we may not be here an 
indeterminable length of time, and that this thing may close one 
way or the other, I would suggest to the friends of this measure, 
that we sit here and patiently vote down all the motions to adjourn 
until a vote is had on this question. I have spent many a night 
in similar bodies, and I think it is the only way in which an end 
can sometimes be reached. I am perfectly willing to sit here un- 


252 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


til the sun rises tomorrow, and for one, J shall vote against all ad- 
journment until a vote is taken upon this subject.’’ 

Mr. Stuart followed, and in the course of his remarks said he 
wanted it distinctly understood that he was in favor of a division 
of the State, and he had believed and urged that it should take 
place at the time of the Constitutional Convention of 1850. But we 
as a people are here reorganizing our Government interests. We 
have an honor to maintain. Everything else sinks into significance 
compared to the great object of maintaining the Union and the 
Government of the United States. What was Northwestern Vir- 
ginia without the Union? If their action here was lkely to injure 
the cause of the Union, could not they hesitate before they took any 
such action? He said the friends of division urged the measure, 
lest the debt of the State contracted by the usurpers at Richmond 
should be fixed upon them. Was it to be supposed that they would 
have anything to do with the debt contracted by a rebellious peo- 
ple which the Government was now putting down? He knew there 
were true men in the eastern part of the State. He had seen them 
shed tears in the Richmond Convention when the ordinance was 
passed and-he did not desire to cut loose from such men as these. 
He protested against such selfish action. 

But he professed to be a constitutional man, and he prayed them 
not to be the first to trample the constitution under foot, and ap- 
pealed to them, what was the spirit of the provision of the con- 
sitution in relation to the formation of new States, which he quot- 
ed? Did they believe that this contemplated that two-thirds of a 
State should cut loose from the remaining State by an arbitrary 
majority and leave that third to maintain their government as best 
they might? It was contrary to all ideas of justice in governments. 
And if two-thirds could not do so how could one-fourth of a State 
force a division without the consent of the remainder of a State? 
The gentleman had asked for a reason for not taking immediate 
action. That reason was that we cannot comply with the require- 
ments of the constitution of the United States. Certain influences 
had been brought to bear here that he had not anticipated. That 
influence was his friend from Harrison. In the May Convention 
he was in favor of a division. On the 13th of June he found him 
opposing a division of thé State at that time, and urging that the 
primary object of this movement was to restore Virginia to the 
Union. Now we find him turning around and urging a division. 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. Oa 


Why was it that gentlemen were so changeable? His argument was 
that in the first of this session there was no Legislature. Was 
there any in May, when he wanted a division? But it was necessary 
to obtain the consent of the Legislature; he would say that it was 
not yet obtained. The gentleman from Harrison (Mr. Lewis) 
wanted the State divided so as to get back to the old representative 
form of government. Well, Sir, this was a representative govern- 
ment. He had been sent here by constituents, who so regarded it. 
But they didn’t send him here to divide the State; it was to aid in 
putting down rebellion. In canvassing before his constituents he 
had made this and the support of the government the great ques- 
tion, and had ignored the question of a division because he believed 
it would result in dividing our people among themselves. He did 
not stand here to dissent from his constituents, and if any man 
would convince him that his people wanted him to take hasty ac- 
tion he would go with the advocates of division. But he wanted 
first, before he did such a thing, to go back to his constituents for 
instruction. 

He alluded to the assertion of Mr. Lewis, that an equitable set- 
tlement would show that the West did not owe the East one dollar. 

He animadverted severely upon the suggestion made by Mr. Car- 
lile, that with the bonds of the New State, Virginia bonds could 
be bought at from 30 to 40 cents. Should they thus swindle the 
people who had come here to protect and defend our people from 
the hordes of secession? No, Sir. He hoped the gentleman would 
never mention the suggestion again. He alluded to a remark of 
Mr. Lewis in relation to treason against the State, that he believed 
it would even be treason to petition for a division of the State. 
The Constitution of the United States was above any statute of 
any State, and the right of petition on any subject was one that 
was and must be inviolate. He had _ always contended, 
and always should, that the people of Northwestern Virginia had 
the right of petitioning for a division of the State, or for any oth- 
er object. . With regard to taking advantage of the circumstances 
which gentlemen styled ‘‘providential,’’ that was another argu- 
ment which he placed in the same category with the proposition of 
buying up our own State debts. ‘ 

Why was it that all the secessionists in his section of the country 
were now clamoring for State division? 

Mr. Lewis replied that he believed it was because they regarded 


254 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


that the vote given upon that question was a manifestation of the 
views of the people upon a division of the State, and they were 
willing to acquiesce in the majority. 

Mr. Stuart said that acquiescing and advocating was a very 
different thing. 

Mr. Catuer said in his part of the country they had understood 
from that vote, that a majority here were in favor of the Consti- 
tution of the United States, and by dividing the State, and the 
formation of the new State, they would have a good excuse for 
submitting to this majority. 

Mr. Stuart believed notwithstanding the explanations that the 
secessionists were doing this because they believed it was a measure 
that would involve us in difficulties and dangers. 

He again attacked the position of the gentleman from Harrison 
(Mr. Lewis) and read that gentleman’s card published last May in 
regard to the movement just then inaugurated. And he paused be- 
fore he could consent to be led by a gentleman who held as Mr. 
Lewis then did that he owed an allegiance to the United States sub- 
ordinate to that due to the State. He argued against any such 
doctrine and said it was the doctrine of secession. Now, Sir, these 
gentlemen were advocating the doctrine of secession—the right of 
one-fourth to secede from the remaining portion of the State and 
break up their State government without the consent of the rest of 
the State. This. argument that two peoples who were not quite 
homogeneous in interest with each other. should strike by force, 1f 
need be, for a separation was but another form of the ‘‘irrepressible 
conflict,’’ thrust upon them by the villains at the North-the 
Abolitionists: though by that term he did not mean the Republican 
party. He reviewed a position taken by Mr. Carlile in a speech 
delivered some days ago that it was impossible ever to have com- 
mercial intercourse with the East, and wanted to know why he 
wanted to exclude the counties in the Kanawha Valley, which were 
to all intents and purposes identical in interests with ourselves. 


He believed if the State was ever to be divided, and he should 


vote for it at the proper time, the mountains should be the boun- 
dary. 

Mr. CarLILE explained that the proposition was substantially 
Mr. Farnsworth’s; he had only changed it in one or two respects, 
and not at all in respect of boundary, except to cut out one 
county. 


/ 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 20D 


Mr. Stuart proceeded to criticise other provisions of the propo- 
sition of Mr. Carlile, particularly that in relation to the adjustment 
of the State debt. The West had no right to cast up an adjusment 
of the debt, and then tell the bondholders they may look to the re- 
mainder of the State. They had assumed a position that entitled 
them to the sympathy of the whole United States, and of the world, 
but if they did this, as here proposed, it would be both wrong and 
disgraceful. The gentleman from Harrison seemed to think that 
an imaginary line would be all the defence we would want, and that 
the people of the East could go on and erect a government, as we 
have done. How would the General Government ever provide for 
law and order there, if they should be left without any government 
at all. He depicted the situation of Union men in that part of the 
Sate, and said this would cut them off and give them over to the 
rebellion authorities, and they would have nothing at all around 
which to rally. 

Mr. FARNSworRTH succeeded, and as he had had the honor of 
presenting a substitute upon this question, he claimed the right of 
saying a few words. 

He had never heard such a tirade of abuse as had here been 
launched at the advocates of a division. He had never been so 
much puzzled in his life, as to tell what was the argument of the 
gentleman from Doddridge, and his reason for wishing to delay 
action. | 

He proceeded to review Mr. Stuart’s argument, and said that 
that gentleman had confessed that he did not know the sentiments 
of the Union men of his section but he did seem to know all about 
the secessionists there. 

He charged upon a portion of the gentlemen opposing immediate 
action that they were opposed to the formation of a new State al- 
together. Two of the members had told him they were, and they 
were found acting with the gentleman who professed to be in favor 
of a new State, and were now opposing what they were pleased to 
eall ‘‘precipitate action.’’ 

It had been claimed on this floor that one of the great objects 
had been to get into a condition to legally and constitutionally take 
these steps. That was the argument of the gentleman from Wood. 
If they were not now in such a situation they never would be. He 
recapitulated the different steps that had been taken to make this 
a legitimate government. And they were not to be prejudiced by 


256 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


the rebellion in Eastern Virginia. They were not to suffer because 
the rebels there had done wrong. 

He took the bold ground that the Govan could not refuse 
them admission into a new State if the application were properly 
made. It was a right they had under their State Constitution, 
with the assent of their Legislature to demand admission. The ar- 
gument that because they were formed into a new State they could 
not be loyal, was the weakest he had ever heard; and if the success 
of the General Government depended on denying the rights of the © 
people of Western Virginia, then its success hung on a brittle 
thread, and that was already snapping. But the government was 
high above such position as this. She was contending for con- 
stitutional liberty, and we contending with her for the same. He 
replied to several arguments advanced by Mr. Van Winkle, of 
Wood, and to the objection that they should wait; he told them 
that if they let this opportunity pass they never would get a di- 
vision. It was taking no advantage of the East. They had refused 
to join us, and should we suffer because of their refusal? Suppose 
they did wait, and Virginia should give us their consent, and we 
should tell them they would be without any form of government, 
they would laugh us to secorn—for they would still have all the 
rights they ever had and the same constitution they have now. 

Besides there was a settlement with them that must be made, 
and separating from them will not aggravate the case in the least. 
He was for making all that settlement at once. 

As to boundary, he would like to have the boundary run with 
the mountains, but at this time perhaps, that boundary could not 
be had. Only give them a State composed of such counties as those 
“named in his proposition, and it would vie with any other State 
in the Union. He was opposed to taking in any counties at this 
time that would have to be coerced into measures. They could 
at any time adopt an ordinance making provisicn for their ad- 
mission. 

Mr. Lams moved that to-morrow afternoon at three o’clock the 
floor be given to Chairman of the Committee on Division of the 
State, and that the debate be closed at five o’clock, and that the 
Convention then proceed to vote in order upon the various propo- 
sitions with such amendments as may be offered before the Con- 
vention. | 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 20% 


Mr. CALDWELL moved to amend the resolution so as to close the 
debate at half after 11 A. M. ; 

Mr. CaruiLeE did not, as he had had opportunity of discussion, 
desire to deprive others of the same opportunity. 

Mr. Lams withdrew the resolution, and offered another extend- 
ing the time to Monday, which was, upon the motion of Mr. Cald- 
well, laid upon the table for the present. 

The Convention then took a recess till half-past 7 o’clock. 

THE NIGHT SESSION. 

The Convention met at half-past seven. 

Mr. Lams obtained the floor and delivered a strong logical, fore- 
ible argument against action towards a division of the State. He 
spoke as follows: 

‘Mr. President :— 

‘*T had not intended to address this house on the subject of a di- 
vision of the State. So much has already been said upon that sub- 
ject that I thought it might only serve further to weary the mem- 
bers of this body. But, Sir, it is a matter of too deep importance 
to us all for me to omit giving utterance to some considerations, 
which I think ought to influence the members of this Convention in 
their discussion of so momentous a question. 

‘‘Mr. President, let me say in the outset that I am for a separa- 
tion of this State when it can be done at the proper time and in 
the proper manner. In that division, however, I should insist up- 
on, at least, obtaining the line of the Alleghenies or the line of the 
Blue Ridge—the latter if it was to be had—if not, the Alleghenies 
extending down, at least, as far as Kanawha, With the amount of 
population which we possess, with the amount of revenue which 
ean be commanded in this district of country, it is essential, I 
think, that we should have our position capable of easy military 
defense, in order that we may occupy a respectable position in the 
family of States. It will be necessary for the purpose of the ar- 
gument which I propose to make, to glance for a moment, and 
very briefiy, at the reasons which I think would render a separa- 
tion from Eastern Virginia desirable to us all. 

We have long suffered, Mr. President, from the misrule of the 
Eastern section of the State. They have repeatedly denied us our 
proper share of representation in our legislature—they have sub- 
jected us to an unequal and unjust system of taxation for the pro- 
tection, as far as possible, from the burden of State service, of 


258 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


their own property. In the distribution of the expenditure of that 
taxation they have endeavored to encourage the prosperity of their 
own section of the State, and have left the West without any par- 
ticipation in the benefit of that expenditure. We are in fact, Mr. 
President, a different people. Our social habits are different. 
Our commercial relations are not with Eastern Virginia. The 
productions of our soil and our workshops do not go in that diree- 
tion; nor do we purchase the articles which we want from the 
cities of Eastern Virginia. Every consideration which can be ad- 
dressed to the wisdom of a statesman, would demand a separation 
at the proper time and in the proper manner. I am as deeply 
sensible of this, as firmly convinced of this, as resolutely determin- 
ed on effecting that separation, as any gentleman who will vote 
upon the other side of this question. 

But, Sirs, that separation should be effected at the proper time 
and in the proper manner.’ It is when we could command such 
a boundary as our new State ought to have. It should take place 
only when a full and free and fair expression of the opinion of the 
people could be had throughout all the limits of the new State. 
When these conditions can be complied with, I am ready to go into 
the measure; and they cannot be complied with in the midst of 
confusion and civil war. They cannot be complied with at present, 
and I see in the agitation of this question, in the heat with which 
members are disposed to hurry forward this measure at present, 
nothing but that which precedes misfortune to Northwestern Vir- 
ginia. 

Mr. President, it is not sixty days since our present form of goy- 
ernment was inaugurated. Our Governor was elected on the 20th 
of June; it is now the 16th of August, and we are already seeking 
to overthrow all that was then established. Already we would 
change all that was then fixed and determined upon. Already we 
would uproot the government which we had established from its 
foundation, and start off in pursuit of a new scheme—a new ex- 
periment, for experiment it is in such times as these. 

This disposition, Mr. President, to be continually changing great 
fundamental institutions, is one which can lead to nothing but mis- 
fortune. We are proceeding more rapidly in this course than the 
zealots of the French Revolution, for their constitutions and their 
fundamental systems of government at least lasted sixty days. 
How long will it be, if this spirit is to be encouraged, before some 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 259 


new scheme will be started upon which men may excite the passions 
and prejudices of the people, for the purpose of riding into power 
or office? I would impute no such motives to any man here. With 
their motives Ihave no concern. But this disposition shown here, 
to have something new—some great change—before we have even 
tried the system which we have adopted, is to my mind, one of the 
worst signs of the times. Why is it, Mr. President? Why this dis- 
position to precipitate? Why this hot haste in reference to this 
measure? Are we subject now to the control of Eastern Virginia? 
Are her tax gatherers amongst us now? Are our people to be trans- 
ferred into Hastern Virginia? Is she now contracting debts which 
we are to pay? No, Sir! As a matter of fact, whatever the theory 
may be of the separation which gentlemen demand—the separation 
which they are so anxious for at this present moment,—practically 
we are perfectly independent now of Eastern Virginia. She has no 
control over us. The misrule which she has exercised over us so 
long, she exercises over us no longer. We have no present evil 
here that it is necessary for us to rouse ourselves in order to shake 
off. It is not for the purpose, then, of getting rid of an evil under 
which we are now at this present moment suffering; but it is be- 
cause gentlemen apprehend there can be no other reason—that in 
some mode or other we are to be subjugated again to this rule. If 
there is danger, Mr. President, that, at some future day, we may 
be again subject to the misrule and misgovernment of Eastern 
Virginia, when that danger is imminent I will be ready to meet it. 
But I would not destroy our efficiency in the great work of main- 
taining the Union until that danger was upon us—until it became 
necessary to act, to act resolutely and to act decidedly in order to 
avert. it. 

There are two modes in which we may again be subjected to the 
government of Eastern Virginia. Let us consider them for a mo- 
ment. The United States government, which I do not for a moment 
believe can ever be the case, may be unable to maintain itself and 
defend us, and we may be again subjected, by force of arms, to the 
Confederate States. If this is the danger that gentlemen appre- 
hend—if this is the way we are again to be subjected to the op- 
pression of our brethren of Eastern Virginia, let me ask them will 
their paper constitution, or the red lines they draw across the map 
to define the boundaries of the new State, protect them from the 
arms of General Beauregard or General Lee? Is there any protec- 


260 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


tion to the measure which is now proposed to us against such an 
apprehension? Certainly gentlemen will not suppose for a moment 
that there is. If this is their apprehension, they derive no protec- 
tion from having marked out the lines of a new State upon the 
map. But the United States may succeed, as I believe they. will. 
The arms of the United States, I have no doubt, will be successful 
in this contest. Twenty-one millions of freemen against five or six 
millions, and a proportional property in favor of the former, infi- 
nitely greater than that against it, must succeed in the end, if they 
are determined and resolute in the contest. Then as they succeed, 
as the secession pressure is taken off from county after county 
of the other portions of Virginia, they may unite with this goy- 
ernment; and gentlemen suppose that when they do so unite they 
will join in refusing us a separation of the State. I do not believe 
it for a moment. As was said by the gentleman from Harrison, 
(Mr. Carlile) who addressed us today, it is an unnatural con- 
nection. ‘‘ Any  one,,’’ to use his own strong expression, ‘‘with the 
ideas of a goose’’ could see that this connection could not be main- 
tained. Can he suppose that the people of Eastern Virginia—the 
Union men of Eastern Virginia—the men who will be our brethren 
in this contest, and who, if the United States government succeeds, 
will outlive the State government—can he suppose for a moment 
they will deny to their brethren, the Union men in the West, the 
right to dissever a connection, which, it must be as apparent to 
them as to us, is entirely unnatural. But if they were disposed 
to do so, we will have plenty of opportunities to bring up this 
question, before all of Eastern Virginia is represented in our leg- 
islature. The progress of the arms of the United States will be 
gradual. We will be able to foresee and know the time when all 
Eastern Virginia can come in, and we can then act, if there is, 
which I believe there is not, the slightest danger of their over-rid- 
ing us, in regard to a question of this kind. 

Let us suppose, Mr. President, however, that you have estab- 
lished your new State government. The first clause of this ordi- 
nance proposed by the gentleman from Harrison (Mr. Carlile,) 
and which I suppose is to be the doctrine, reads as follows: 

‘Be it ordained by the people of Virginia, in Convention as- 
sembled, That the new State be formed and erected out of the ter- 
ritory included within the following bounds.’’ 

Let us suppose that new State formed. As a matter of course, 


THE PEOPLE oF NORTHWESTERN VIRGINIA IN 1861. 261 


the present government of the State of Virginia is superseded— 
that government of the State of Virginia, which has been acknow- 
ledged by the Executive of the United States, which has been ac- 
knowledged by the Congress of the United States, is superseded, 
The very passage of that ordinance practically will supersede it, 
because from the time that this Convention announces that another 
government is to be formed, who will regard or obey the present 
government? Its prestige throughout the counties over which it - 
has heretofore exercised its authority will be gone. 

Then, Mr. President, to carry out the plan of the administra- 
tion, if the arms of the United States are to succeed in Eastern 
Virginia, a new State government is to be formed there. As se- 
cessionism is put down in district after district of the State, the 
counties of Eastern Virginia are to be furnished again with a 
“constitutional nucleus,’? around which they can rally the sup- 
port of the Union. Your government—the government of the 
State of Virginia—the government acknowledged by all the au- 
thorities of the United States is out of the way. What sort of a 
government will be formed in the East? Necessarily a government 
to represent the State of Virginia. Your new State will yet be un- 
recognized. Congress will not have acted in reference to it. And 
the Executive will not have acted in reference to it. And they 
eannot act in reference to it; for carrying out the great plan in 
bringing back the State of Virginia into the Union, they must, as 
expressed in a letter from the Attorney General, read to this Con- 
vention, have ‘‘a constitutional nucleus, around which the shat- 
tered elements of the Union throughout the States can rally.”’ 
You have here, then, and I take it, it is the necessary result of the 
action which this Convention is urged to take upon itself—another 
State government for the State of Virginia organized in the East. 
As the arms of the United States government may succeeed in re- 
storing the Union sentiment, throughout that section of country, 
this government will extend itself gradually over the whole of the 
East. It will be the government which the United States will 
recognize. It will be the government which Congress and the 
Executive will recognize, and it will be again what we now have— 
the legal government of the State of Virginia. If that is to be the 
result—if there is any appreleension that such a state cf things 
will exist—will these men in the Hast then regard our ordinances? 
You have superseded your old government, which the United 





262 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


States has recognized, which has become the legal government of 
the State, and your new government has no such claims. It is 
nothing in fact—it is nothing in truth—it is nothing in law—un- 
til it is recognized by the government of the United States. If 
they establish their government in the East as they must do, and 
bring back Eastern Virginia into the Union with that Eastern Gov- 
ernment, when it is spread over the East—when it has brought in 
all those counties lying east of the Blue Ridge, and all the counties 
of the Valley, what respect will it pay to your ordinances and to 
such lines as you have marked out for the new State? What respect 
will they be bound to pay in regard to it? As the State of Virginia, 
they will have again that very control over you of which, justly, 
you have so much complained. And when they send their tax 
gatherers here to gather up your taxes and substance again, if they 
are resisted by domestic violence, recollect that the Constitution of 
the United States requires—makes it imperative on the general © 
Government, to protect that government which they have recog- 
nized, as the State government of Virginia, against domestic vio- 
lence. I see, gentlemen, even in the success of the measure—which 
you here propose to us—quite as much cause for apprehnsion that 
Eastern Virginia may again extend her influence, her control, her 
domination over us. That domination which, as ever, I do heartily 
detest—that she may again extend them over us—quite as much 
danger as there is in waiting until you can have a full and fair ex- 
pression of opinion throughout the boundaries which you intend 
to designate for your new State. 

If there were no other considerations, however, supposing that 
all I have addressed to this Convention were entitled to no weight, 
certainly it is entitled to some weight that we should not go to 
work to effect these great changes amid the confusion and danger 
that surround us. It is a fact, Mr. President, which no one on the 
opposite side has denied, as asserted by the gentleman from Mason 
(Mr. Polsley,) who addressed this Convention, that you cannot 
now, within the boundaries of the State proposed by the substitute 
of the gentleman from Harrison (Mr. Carlile) have a full and 
fair expression of one-half of the people. It is a fact that within 
the boundaries proposed by the report of the majority of the Com- 
mittee, you cannot now have a fair and full expression of one- 
fourth of the people upon any subject. Is this not, Mr. 
President, some reason why we should not hurry inconsiderately, — 


* 
THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 263 


hastily, recklessly, into this subject? Is there not an obvious pro- 
priety-—if it be possible to secure our cbject—in waiting, at least, 
until the matter can be thoroughly submitted and fairly acted 
upon, by the people in whose name we profess to act? By the peo- 
ple whom we profess to bind by our action here? And, gentlemen, 
we are not only to include them within the boundaries of our new 
State, but we are to go to work and fix up a constitution for them. 
We are to fix up a constitution for the people of Jefferson and 
Morgan and Berkeley and Hampshire and Hardy, and for the 
people of Boone and Logan and Nicholas, and I know not how 
many other counties. Will my friend from Upshur, who has pro- 
posed this substitute for our adoption, undertake to carry that 
Constitution into these counties, before the first Thursday of No- 
vember next, or the fourth Thursday of October next, and explain 
its provisions to them, and explain why we took this action or that 
action—why we adopted this provision or that provision ? 

The report of the Chairman of the majority Committee proposes 
to extend the boundaries of the New State to Bull Run. Will the 
chairman of that Committee undertake to explain to the inhabitants 
along that Run this constitution which he proposes to adopt for 
them—to discuss the matter in public meetings there, and secure 
us a full and fair expression of the people in the county of 
Fairfax? 

Mr. West—‘‘I think it will be recollected, Sir, that there has 
already been a vote taken upon the Constitution. I proposed that 
Constitution myself, that we might have some ground or place of 
beginning, and I propose that we take a vote upon the adoption of 
the old’ Constitution. And the Constitution as it now stands, with 
some shght amendments, will be the Constitution of the new State. 
As to the other questions in relation to boundaries, ete., I will ex- 
plain them perhaps at another time.’’ 

Mr. Lamp—‘‘ When the gentleman proposes to make that ex- 
planation, he should also explain another position of his opening 
argument, which struck me as singularly inappropriate. He stat- 
ed in his opening argument that they had included the county of 
Fairfax and the eity of Alexandria, within the limits of the new 
State which the majority of the Committee proposed to form, with 
a view of thus furnishing protection to the capital of the Union, 
against the hosts that are now assembled at Bull Run.’’ 


y 
264 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


Mr. West—‘‘ Does the gentleman ask me to explain that now?”’ 

Mr. Lamp—‘‘Mr. President, there has been a good deal of ar- 
gument of this same kind before this Convention. We have been 
told—the argument, of course, has been inconsiderately urged— 
that this thing of establishing a new State was to be a perfect 
protection to us here against the dangers that surround us. That it — 
would protect us against the arms of the enemy—that it 
would be equal to an army in the field. Another gentleman who 
has addressed the Convention would seem to have considered the 
action of this Convention if they passed his project to be equiva- 
lent to the glorious efforts of William Tell for the defense of his 
country. Why, Sir, did William Tell defend Switzerland by pro- 
claiming that the boundary was here, and giving notice to the 
Duke of Austria that he must not go across those lines?—No, Sir: 
Your lives and your property are not to be defended by measures 
of this kind. Nothing but stout hearts and strong arms will de- 
fend them. They are to, be defended by the rifle and the bayonet, 
and the cannon. Your paper Constitution and your paper State 
will not be worth a single musket in defense. 

Mr. President, the new State as proposed in the substitute last 
offered will have a population of less than three hundred and 
twenty thousand. It will have a revenue of about $550,000.00. This 
will be the utmost extent for many years to come, a much larger 
extent in fact than you will be able to extend your taxation to. 
Yet the gentleman from Harrison (Mr. Carlile,) who addressed 
the Convention today, told you, form your new State and you 
could at once get a loan of $15,000,000.00 without any difficulty. Is 
it possible that this Convention is to be amused here with asser- 
tions of this kind? Why, Sir, your whole revenue will hardly pay 
the interest on one-half the amount. Deduct the necessary expense 
of your government, and it would not pay the interest on one- 
fourth that amount.. The whole revenue of your new State will 
enable you to support in the field an army of about 7,000 men—not 
a soldier more for the defense of so wide an extended frontier as it 
will present. Yet, gentlemen, this is the measure into which we 
are to be precipitated and hurried on without consideration. With 
the gentleman from Mason, I must say. ‘‘reflect; reflect;’’ before 
you plunge into such a system; reflect before you abandon the 
lofty position which you now occupy, in pursuit of this ignus 
fatwus of which so large promises have been made but of which so 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 265 


little is to be expected. Why, gentlemen, measure the boundaries of 
your new State as laid down in this document? You propose a 
frontier of over a thousand miles. Pennsylvania, with a popula- 
tion of 2,800,000, has a frontier of less than a thousand; Ohio with- 
a population of 2,300,000 has a frontier of less than a thousand; yet 
with a population of under 320,000 and an ability to support in the 
field an army of only 7,000 men, you have a frontier to defend of 
a thousand miles. Four hundred miles of that frontier bor- 
ders upon secession Virginia. How will you defend it? If 
any defense should be necessary, if this Union is not to be restored, 
how will you defend that frontier? Why, gentlemen, an army of 
100,000 men and a revenue of eighty millions will be required to 
defend the frontier. And yet, you abandon the passes of the moun- 
tains. You are not willing to wait until you can secure Pocahontas 
and Greenbrier. You give up the main passes of the Alleghenies, . 
leaving your frontier, according to the military expression, entirely 
in the air. If the arms of the United States do not succeed in this 
contest, and if the Confederate States are to be able to maintain 
themselves, you present to them a frontier, unsupported by natural 
defenses, of four hundred miles. You will have a State, if you ac- 
complish your object, weak, continually relying on its neighbors 
for support, for existence itself. You will have a people who must 
always call upon their neighbors—heretofore nobly have they re- 
sponded to such calls—for the defense of our fireside, our homes, 
and our property. 
_ I wish to correct here a mistake into which the gentleman from 
Harrison (Mr. Lewis,) who addressed the Convention yesterday, 
fell in regard to the character of the government which has been in- 
stituted here. He called it ‘‘a provisional government,’’ he seemed 
to think it was to expire, according to the system which we have 
adopted, within six months. This, Mr. President, is not the system 
which we have adopted. It is true, Sir, when this Convention met 
in June, it was impossible to have throughout the counties of North- 
western Virginia an election for Governor. The Convention, from 
the dictates of an imperative necessity, were obliged to assume the 
responsibility of electing a Governor themselves. That far we in- 
terfered with the rights of popular sovereignty, but we trusted to 
our constituents to excuse us for that interference on account of 
the necessities, the difficulties, the vast embarrassments, with which 
we were surrounded. They unanimously approved of our course.— 


266 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


Throughout the whole length and breadth of this land our action 
in June has been approved of; approved of by the government of 
the United States; approved of by the loyal men of the loyal States 
‘everywhere. We were fully justified, therefore, in doing it. But, 
Sir, having elected a Governor in this irregular—and except so far 
as it was justified by the circumstances with which we are sur- 
rounded—unjustifiable mode, we prescribed six months for his term 


of office. Yet, Sir, we went on here to enact as follows: 

“The General Assembly to provide by law for the election of Governor 
and Lieutenant-Governor by the people, as soon as in their judgment 
such election can be properly held.” 


The office of Governor under the reorganized government, is not 


to terminate at the end of six [months], at least according to the 
ordinance for the reorganization of that government. An express 
provision is made for its continuance, and for its continuance in 
a regular manner by election by the people whenever in the opin- 
ion of the Legislature such election can be properly held. And I 
would ask attention for one moment to the expression in this clause. 
The Convention did not recommend this to the Legislature; they 
did not request the Legislature to do it; but they are, in the lan- 
guage which is used here, required to. do it. Then, Mr. President, 
look at the provision in regard to members of the Legislature. 
‘“They shall hold their offices from the passage of this ordinance 
until the end of the terms for which they were respectively elected.’’ 
The members of the House of Delegates under this system, hold 
their offices until 1863, and a portion of the Senators until 1865. 


When the terms of those officers expire, if this system is to be con-_ 


tinued, their successors will be elected in the regular way. In no 
proper sense of the term, therefore, is this merely a provisional 
government, for a provisional government, I take it, is a govern- 
ment which fixes in the very charter of its creation a period beyond 
which it is not to continue. I would wish, also, in connection with 
this same matter, to correct a singular mistake into which the other 
gentleman from Harrison (Mr. Carlile,) appeared to have fallen, 
in the argument which he addressed to the Convention today. He 
seemed to think that there are members here from a certain portion 
of the State on their own motion—that they had come here inde- 
pendent of our invitation. He seemed to think that the call for 
this Convention was addressed to Northwestern Virginia exclu- 
sively. I notice these things because it 1s necessary, it seems to me, 
in order that the Convention may understand the precise purpose 


<< 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 267 


and object of the movement we have instituted. This is all a mis- 
take. The call under which this Convention was elected, was ad- 


dressed in the following terms: 

“Resolved, That in the event of the ordinance being ratified by a vote, 
on the 23d of this month, (May,) we recommend to the people of the 
counties here represented, and all others disposed to co-operate with us, 
to appoint on the fourth day of June next, delegates to a ‘general con- 
vention to meet on the 11th of that month, etc.” 


The call is addressed to all the Union men of the State of Vir- - 
ginia, for that is the meaning, and the only meaning, and that was 
intended to be the meaning, to my certain knowledge, by the ex- 
pression, ‘‘all others who are disposed to co-operate with us.’’ The 
gentlemen who have come here from Fairfax and Alexandria, have 
come here upon our call. 

Mr. Car“titE—‘‘I was speaking of the first call, not the second.’’ 

Mr. Lamp—‘‘We have other evidence upon this subject, which 
will show the intended expression of the measure which we have 
adopted. In this Convention on the 14th of June, 1861, Mr. Ha- 
gans, of Preston, offered the following resolution, which was unani- 


mously adopted: 


“That in consideration of the peculiar circumstances that have sur- 
rounded our loyal brethren of Loudon county, as well as their geographical 
position, this Convention now extend to them a cordial and special invita- 
tion to accredit and send to this Convention their regular number of 
delegates as soon as may be.” 


At a former date of the Convention, I find that ‘‘John S. Carlile, 
of Harrison, submitted the following resolution, which was 
adopted : 


“That the loyal people of the counties of this Commonwealth that have 
not yet appointed delegates to this Convention or are not already repre- 
sented here, be and they are hereby cordially requested to appoint such 
delegations without avoidable delay.” 

Such, then, gentlemen, was the system which we had adopted. 


We adopted a government here, not provisional; we extended our 
invitation to all the counties of the Commonwealth, to be repre- 
sented in this government. We did not intend the movement as 
a movement of Northwestern V irginia alone, but of all the State, 
according to the objects expressly set forth in the eall.’’ 

Mr. CarLite—(Interrupting)—‘‘I do not desire to interrupt the 
gentleman, but I alluded to the call emanating from the county of 
Harrison.’’ 

Mr. Lamp—‘‘The gentleman will excuse me, but I do not see 
how that is possible.’ 


268 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


Mr. CarLitE—‘‘It is possible in this way. What I had said in 
reply to the gentleman from Fairfax, (Mr. Hawxhurst,) was 
brought to the attention of the Convention by the gentleman from 
Mason (Mr. Polsley,) and in my reply I alluded to the fact that I 
had drawn up the call myself, referring, as I had done in the first 
instance, in reply to the question of the gentleman from Fairfax 
to the original call for the first Convention. Then it was that the 
gentleman himself called my attention to the fact that this Conven- 
tion was called by the Convention which met in May, and was not 
assembled under the call of the original Harrison county Con- 
vention.”’ | 

Mr. Lamp—‘‘ Did not the gentleman from Harrison tell the mem- 
ber from Fairfax that he was not here upon our eall?’’ 

Mr. CartmEe—‘‘I so stated, that he was not- here upon the orig- 
inal eall. The fact is, it is a Convention to-day of Northwestern 
Virginia.’’ 

Mr. Lamp—‘‘It is perfectly immaterial, Mr. President. I had no 
other object in mentioning these things—certainly no intention 
of saying anything that might be in the slightest degree displeasing 
to my friend from Harrison.’’ ? 

Mr. CartiteE—‘‘It did not displease me at all; not at.all.”’ 

Mr. Lamp—‘‘T had no other object than for the purpose of ex- 
plaining in such a method that it could not be contradicted, what 
had been the purpose and object of our movement here—that it was 
just that very thing that was mentioned in the letter from the 
Attorney General of the United States—that from the beginning of 
this movement, at least, from the beginning of this Convention, 
down to the present time, it has been the object of a majority of 
the members of this Convention to furnish to the Union men 
throughout the State of Virginia, that ‘‘constitutional nucleus, 
around which the shattered elements’’ of Unionism throughout this 
State could rally. Such was unquestionably our object. The gen- 
tleman will recollect that motion after motion was made in the 
June session of this Convention looking to a division of this State; 
it was objected to and voted down, because it might:interfere with 
this great object. Yet all this is now to be swept away. The Union 
men in our portions of Virginia outside of the limits of the pro- 
posed State, after the fourth Thursday of October next, are not 
to be at liberty to unite with us; they will have no longer a nucleus 
around which they can rally. They will have no State government 


\ 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 269 


within this State unless the United States—as I think the United 
States will be pledged to do—shall encourage the formation of 
another government for the State of Virginia, after we shall have 
swept off the present one. 

There is one other subject which before I take my seat I wish 
to touch upon, but very tenderly. It is the subject of slavery in 
eonnection with this plan. Your new State, Mr. President, as de- 
veloped in the substitute last submitted, extending over so large 
a district of territory will have within its borders according to the 
census of 1860, 14,800 slaves, only. The slave population of Vir- 
ginia, 1s I believe, not quite 500,000. You select precisely that por- 
tion of the territory that contains the smallest amount of slaves 
for the purpose of forming your new State.—And, gentlemen, [I 
have no intention to impute a design of the kind to any member of 
this Convention, for I do not honestly believe that such a design 
is ascertained, but I have heard it said, and it will be said with 
such facts staring us in the face, that this is an abolition move- 
ment. According to the census of 1860, the slave population of this 
new State was 14,800, and what is it now? It is considerably less 
already. You appear in Congress, then, presenting this plan be- 
fore them, asking their acknowledgment of the new State—asking 
their consent to the formation of such a State. You present it to 
Congress in the midst of troubles and distractions which rest upon 
this country—for you will not wait for a moment—you inevitably 
raised the slave question there-—With the facts I have stated, gen- 
tlemen, there can be no other result. They wlll say to you: The 
slave population within your. State is insignificant; come to us as 
a free State and you shall be admitted. You know that when you 
present this State before them such facts will raise that question ; 
and do you want to raise such a question as that? Do you want 
to push such a question upon the councils of the nation, a ques- 
tion of that nature in the midst of the difficulties and troubles 
which now suround us? I hope you do not. | 

Mr. President, I have as little personal interest in this matter 
perhaps as most of you, but I feel the importance of the subject 
most deeply. I fear if you press this measure upon us as you seem 
determined to do, that its only result will be woe to you and me and 
mine. Buf if the measure carries I certainly shall join heartily, 
fairly and honestly, in carrying out your determination, my fate 
will be yours, and I can only hope, that whether weal or woe 


& 


210 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


come of it, I may still be able, in any event, to protect those that are 
dependent upon me.’’ 

Mr. Fast followed in an argument of some length in favor of 
division, and after he had concluded, 

Mr. Frost moved an adjournment but gave way for Mr. West, 


who by general consent offered the following resolution: 


WHEREAS, In consequence of existing hostilities and the disorganized 
condition of our once happy and prosperous Commonwealth, it becomes 
necessary for the Legislature that met in July last, in extra session, to 
meet again in December next; and 

WHEREAS, it is believed by this Convention that rebellion will soon be 
swept trom every part of Virginia; be it therefore 

Resolved, That if the Governor of this Commonwealth in his wisdom 
may think it safe and prudent, and the interest of the State requires it, 
he shall cause the next annual session of the Legislature to be ordered to 
meet in the city of Richmond on the first Monday of December next, unless 
he, in his opinion, shall think the good of the Commonwealth demand the 
assembling of it at an earlier day. 


Mr. West gave as a reason for offering this resolution, that he 
wanted to test the sincerity of gentlemen who insisted that they 
were legislating and should continue to legislate for the whole 
State. 

A motion to adjourn prevailed, and the Convention adjourned 
without a vote upon the resolution. 


ADJOURNED SESSION—ELEVENTH DAY. 


SATURDAY, AUGUST 17, 1861. 

The Convention met at ten, and was opened with prayer by Rev. 
D. B. Dorsey, member of the Convention from Monongalia. 

Minutes read and adopted. 

The resolution of the gentleman from Wetzel came up as unfin- 
ished business. | 
_ Mr. Wesvr said the yeas and nays had been called upon the adop- 
tion of that resolution, he believed. 

Mr. Van WINKLE had hoped a night’s reflection would have in 
duced the gentleman to withdraw the resolution. The gentleman 
from Harrison had spoken of the poverty of this government yes- 
terday, and such allusions were calculated to bring the eovernment 
into contempt. This resolution too, he thought must have the same 
effect. Such playful resolutions in ordinary times could do no 
harm, but they should not be introduced here at such a time as 
this. 


= 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 271 


Mr. CatHer hoped the gentleman would withdraw the resolu- 
tion. 

Mr. West said he never intended to withdraw that resolution. 

The order of the day came up. 

Mr. Carui.e said that the friends of division were willing to offer 
to the opponents a proposition for something like this: 

Adopt the first section of the proposition of the gentleman from 
Upshur, which simply fixes the boundary lines, and then add an 
additional section making it the duty of the General Assembly at 
its next session, if the state of affairs would permit, to provide at 
an early day, for taking the sense of the people within the boun- 
dary. , , 

Mr. Frost expressed a willingness to meet the friends of division 
half way in any fair proposition of compromise. He had desired 
to speak upon this question, but as the Convention had already 
been worn down with speeches, he would forego any remarks, if the 
business could proceed and a vote be taken. 

Mr. BorEMAN did not know that he understood the proposition. 
He would like to have a little more time on it, and if it was what 
he thought it was, it would suit him. He should not say a word 
to the Convention, but from the fact that no gentleman had yet ta- 
ken up the substitute offered by himself, and defended it in its 
various positions. They seemed to have left this for him to do, 
and he asked indulgence to be allowed to make a few remarks in 
advocacy of that proposition. 

Were they to be selfish in the view they took of this great ques- 
tion? No; he argued that all they did should be done in a spirit 
of magnanimity, of forbearance, of enlarged and comprehensive 
patriotism, and not allow that patriotism to be bounded by State 
lines. Let them recollect that they had a government, around which 
clustered the most glorious recollections and all their best hopes. 
They were here to do all they could to transmit this government 
to their posterity, and should not as good loyal men, ‘look well to 
this very act, lest they should weaken the cause of their country 
and strengthen that of their enemies. He would say as Mr. Carlile 
had, that next to success of the whole country, was the division of 
Virginia, because it was the interests of his people, the interest of 
the whole State, and his own personal interest. With respect to 
the State debt, he did not look upon that question as many gentle- 
men did. Congress had nothing to do with our State debt. If they 


PA pe PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


presented the question to them there, and Congress saw that the 
two peoples could not live together in harmony, in justice to both 
they were bound to sanction the separation, and let the two States 
settle that question among themselves after the division was made. 
Congress had nothing to do with it. As for the time of division, 
he believed no man desired an immediate vote, because they were 
honestly convineed of the fact that they were not prepared for a 
vote at this time. The people could not vote. The number of 
rebel forces within the borders of the proposed State, prevented 
any meeting and discussion among the people, and must at this 
time effectually prevent any expression at the polls. And if a 
vote could not be taken now, when could they take a vote? If they 
could tell him this, then he would answer the question put to them 
so often, how long would they propose to wait. He was satisfied 
they should not fix permanently upon a day at all. Because, as 
gentlemen have admitted by their own propositions we are now 
unprepared to take a vote. And then did they know they would 
be ready on a particular day? He had shown they did not. Then 
would it be right to fix a day when they had no assurance that the 
people could vote upon that day. The gentleman from Harrison 
(Carlile) wanted an expression of the people; and yet would he 
ask the people to vote upon a day when he knew they could not vote 
or when it was uncertain at best. Why not provide for this disability 
and prepare for taking an expression at such time as it might ap- 
pear hereafter the people could have an opportunity of doing so? 
The enemy should be driven out first; to offer them an opportunity 
to vote when they knew they could not would be little better than 
insult. The same reasons that were valid for postponing a vote 
were equally valid for postponing the formation of the constitu- 
tion. Some gentlemen propose to take the old constitution with 
some slight modifications; why, Sir, nothing could be more obnox- 
ious to the people of Western Virginia than every line of that old 
constitution. But, Sir, for a Convention of the whole State of 
Virginia to turn around and claim to be a Convention chosen by 
a portion of the State, to form a constitution for that pro- 
posed new State would be a monstrous proposition. The proposi- 
tion offered by some of the substitutes, proposing to adopt an 
ordinance allowing certain counties not now to be included in the 
boundaries to vote upon the question hereafter, was a recognition 
of the fact that the people of these counties could not vote upon 


THE PEOPLE oF NORTHWESTERN VIRGINIA IN 1861. Dte 


the subject. Well now this was just his proposition with reference 
to nearly all the counties, and if the principle would apply to these 
counties, would it not apply equally to those? He wanted no ex- 
pression at all until it could be a full and fair one. 

He proceeded again to denounce the old constitution, and was 
interrupted in reply by Mr. West. He declared, in resuming, that 
to get rid of this constitution was one reason for his having long 
favored a division of the State. But, Sir, if they went into the for- 
mation of a constitution for the new State, it was the formaion of 
a government for it. A constitution was difficult to be changed. 
People would submit to them even if oppressive, rather than re- 
sort to revolution to free themselves from them. They had long 
done that thing in this State; but they had lived in hope that some 
day the fetters would be broken aud they would be released from 
a most grinding oppression. 

He took up the substitute offered by himself, and after reading 
it, proceeded to a discussion of its provisions. He had not offered 
it to kill off any proposition to divide the State or to destroy any 
measure proposing to take an expression of the people upon the 
question. It simply proposed to say that it would be premature 
and would be taking advantage of a portion of their fellow-citizens 
for the Convention to attempt the formation of a _ constitu- 
tion now, and expressed a desire that the General Assembly, pro- 
vided in their opinion the people could at that time vote, appoint 
an election on the first Thursday in January, to obtain an expres- 
sion as to whether the new State could be formed or not. 

As to boundaries, if the people would vote for it in those por- 
tions of the State, he would like to take all the territory proposed 
by the ordinance reported by the Committee; but he did not want 
to take in counties that might aid in voting down a new State alto- 
gether. He should not strenuously object to the fixing of bounda- 
ries now, but he believed it would be better to let that matter rest 
- until the meeting of the Legislature, when they might be able to 
obtain more territory than it would be thought now advisable to 
take in. | 

In reply to the question, how does precipitate action embarrass 
the General Government, it would for one thing introduce the sla- 
very question into Congress. If introduced there, and the Constitu- 
tion should be rejected, it would be said they refused it because it 
was a Republican Congress, and it was a slavery Constitution ; and 


£74 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


it would foment such an excitement in Western Virginia as was 
never before witnessed. 

Mr. Lewis inquired whether that same difficulty would not have 
to be met, even if the application were not made till peace was re- 
stored. 

Mr. BorEMAN said_it would not then be so embarrassing because 
the government: would not have so many and such great difficulties 
upon its shoulders, and it would then be a very different question. 
Just at this time it was a very unpropitious moment. If we now 
undertake to strike a line here as proposed would it not go forth 
that we were trying to aid the South, that this Wheeling govern- 
ment had abandoned its position and were preparing for a dissolu- 
tion of this Union. Besides this movement then loses all its pres- 
tige in the other States. This is an auxiliary movement to aid the 
Government of the United States, and what must be the effect in 
Tennessee and Alabama, and all over the country? They would 
say we had acted hypocritically, covering up the selfish design of 
building up. a State for ourselves. It would be used by the seces- 
sionists everywhere to embarrass the Government and strengthen 
their own position, and would destroy the moral force and prestige 
of all we have done here. This proposition left all this responsi- 
bility of action upon the Legislature. } 

Suppose they did divide the State, which was the old State and 
which the new State? Reorganize a new government here and 
what becomes of the old one? It revolutionizes this part, it drives 
out the old government. He would leave the question for gentle- 
men to answer it for themselves. This might be the grand reason 
why all secessionists were in favor of a division; because it would 
prevent the loyal people of the other seceded States from. follow- 
ing our example in reorganizing the whole State government. It 
would demoralize the whole movement. 

The gentleman from Upshur had said some members were op- 
posed to the whole movement for a division. He had not heard any — 
members so express themselves; but he had heard them all say just 
the contrary. For himself, he was acting in good faith, and when- 
ever the conditions would allow a vote to be taken he would go for 
a proposition for a separation of the State; and he intended to go 
home and support whatever decision this Convention might arrive 
at, let that be what it might. 

Mr. Catuer followed, and in reply to what had been said about 


THE PEOPLE oF NORTHWESTERN VIRGINIA IN 1861. DAL, 


precipitate action said that none of them were for the taking of 
the vote at once. His own proposition was for the fourth Thursday 
of November. But he would vote for any measure looking to a 
division of the State. He would favor some measure that would 
compromise their differences. 

Mr. JoHNson believed that this question ought not [to] have 
been introduced here. This was not the proper body to take this 
question of a division into consideration. He took substantially 
the same grounds occupied by Mr. Boreman. He alluded to what 
had been said about the possibility of the success of the Southern 
Confederacy, and said that the establishment of a boundary at this 
time between the loyal and rebellious portions of the State would 
be the drawing of the first line between the Northern and South- 
ern Confederacies. He made the point that inasmuch as the Con- 
stitution of the United States guarantees to every State a Republi- 
ean form of government, Congress could not admit a State which in 
its creation destroyed the only republican form of government 
there was in the State. He charged that the thing. of taken ad- 
vantage of the East, which many gentlemen proposed, would be 
dishonorable. Besides it was a revolutionary measure because it ~ 
eould not be carried out according to the spirit of the Constitution. 

Mr. Dorsrty moved the previous question. 

Mr. Lewis suggested after the question was put that a recess 
be taken. 

Mr. Harrison called for the yeas and nays on the main ques- 
non... 

Mr. West hoped the House would vote down the motion. 

The vote was taken and the main question ordered to be put. 

The main question was upon the substitute of the gentleman from 
Tyler, Mr. Boreman. 

Mr. Frost moved to reconsider the vote by which the main ques- 
tion was ordered, which he afterwards withdrew. 

Mr. Stuart moved a reconsideration and the President decided 
it out of order. 

Mr. Sruart appealed from the decision of the Chair—and on 
that Mr. Van Winkle called for the yeas and nays. 

Mr. West moved to lay the appeal upon the table, and upon that 
Mr. Frost called the yeas and nays. 

The time fixed for adjournment having arrived, the Convention 
adjourned without a vote. | 


bs 
a 


6 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


AFTERNOON SESSION, 


The Convention re-assembled at half-past two [o’clock.] 

The President said the question when they took a recess was on * 
laying the appeal on the table, but as the occasion for it had 
passed it had been withdrawn. 

The yeas and nays upon the substitute of Mr. Boreman having 


been called were taken and resulted as follows: 


YrEAS—Messrs. Atkinson, Boreman of Tyler, Barns, Bowyer, Burley, 
Broski, Barrack, Crothers, Crawford, Close, Caldwell, Carskadon, Copley, 
Flesher, Gist, Graham, Harrison, Hubbard, Hall, Hawxhurst, Johnson, 
Koontz, Logan, Lamb, Mason, Montague, Nicholls, Polsley, Price, Ritchie, 
Smith of Marion, Slack, Stuart, Tarr, Trout, Van Winkle, Withers, 
Wetzel, Watson, President (Boreman of Wood)—40. 


Nays—Messrs. Berkshire, Brown, Burdett, Brumfield, Cather, Carlile, 
Crane of Preston, Crane of Randolph, Dorsey, Downey, Davis, Evans, 
Ferrell, Farnsworth, loley, Fast, Fleming, Hale, Hooton, Howard, Jack- 
son, Kramer, Lewis, Love, Martin of Wetzel, Myers, Michael, Paxton, 
Parsons, Smith, Scott, Snider, Smith (J. L.), Swan, Taft, Vance, West, 
Williamson of Pleasants, Wilson, Zinn—42. 


The question recurring upon the substitute of Mr. Carlile for that 
of Mr. Farnsworth, he proposed as an additional section the fol- 


lowing, prepared by Mr. Lamb, at the end of the same: 


“The government of the State, as reorganized by the ordinance for 
the re-organization of the State government, shall retain the powers and 
authority undiminished and unimpaired until the proposed State shall 
be admitted into the Union by the Congress of the United States.” 


Mr. FaArRNSworTH accepted the substitute with this addition, in 
lieu of his own proposition. 

Mr. Carine took occasion to make some remarks urging the 
adoption of the proposition, and appealing to them all, whatever 
the result might be, to go away from here resolved to act in unity 
and use their best efforts to carry out the objects of the Conven- 
tion and unite their people in their support. 

After Mr. Caruine had finished his remarks, 

Mr. Hate moved the previous question. 

Mr. Lamp said if they were thus to be met with the previous 
question on all occasions he hoped the gentlemen who had acted 
with him upon this question would leave the Convention and let 
gentlemen upon the other side raise a quorum the best way they 
eould. 

Mr. Hate subsequently withdrew the demand. 

Mr. Nicuouts offered the following as a substitute for the second 


section of Mr. Carlile’s substitute: ° 
Sec. 2. Be it further ordained, That the General Assembly shall pro- 


THE PEOPLE oF NORTHWESTERN VIRGINIA IN 1861. Zt 


vide for taking a vote within the boundaries aforesaid on the first Thurs- 
day of January next, if the state of affairs will admit of a full and 
tree expression of the popular sentiment within four of the counties 
above named, and if not then, as soon thereafter as possible, on the 
question of the formation of a new State, and also for the election of 
members oi a Convention for the purpose of forming a Constitution for 
the proposed State, in which Convention each county and election district 
shall have the same number of representatives to which it will be en- 
titled at the next succeeding session of the House of Delegates. 


Mr. Nicuouts followed in a very forcible speech of some length, 
in opposition to a division of the State, and was followed by 

Mr. Super, who replied to Mr. Nicholls and others, who had pre- 
ceeded him. He favored immediately having an expression of the 
people, and made some very spicy remarks in reply to what had 
been said about his hint at a counter revolution among the people 
in case no action was taken. 

Mr. Frost succeeded, upon the same side of the question as Mr. 
Nicholls. He coneluded by declaring that whatever should be the 
action of the Convention, he would give it his entire and hearty 
support, and he hoped all would do the same. 

After some further remarks by Messrs. NICHOLLS, CATHER and 
BARNS. 

Mr. Martin of Wetzel called for the previous question. The de- 
mand was sustained. 

The previous question upon the amendment of Mr. Nicholls, was 
ordered. 

The main question upon the amendment of Mr. Nicholls, was 
then taken by yeas and nays and resulted, 34 nays, yeas 42. 


Mr. Pousuey offered the following as an amendment: 


“That five commissioners from as many different counties be appointed 
by this Convention who shall meet in Parkersburg on the first Monday 
of ——-———————__, and appoint a day for the holding of said election if 
in the opinion of a majority of them, a free and fair election can be 
holden in four-fifths of the counties within the boundaries of the State 
to be fixed.” 


Mr. Poustey spoke briefly in advocacy of his amendment and 
was followed by Mr. Burdett in a very spicy little speeech in favor 
of a division of the State and in opposition to the amendment. In 
the course of his remarks in alluding to the objection made that the 
slavery question must be dragged into this controversy in forming 
a constitution, he said that although he was as good a pro-slavery 
man as any one in the State, he would see the whole institution 
abolished before his country and its government should be destroy- 
ed. He loved his country more than he loved the institution. 

Mr. Farnsworts ealled for the previous question, which being 


278 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


sustained, the question upon the adoption of Mr. Polsley’s amend- 
ment was taken and lost by yeas 31, nays 46. 

Mr. Stuart proposed to strike out the boundaries proposed in 
the substitute, and insert the boundaries proposed in the report of 
the Committee. 

Mr. FARNSWORTH rose to call the previous question. This was 
only another dodge to kill the bill. 

Mr. Stuart appealed to the House for a few moments to speak 
upon his amendment. 

The call for the previous question was sustained, a upon the 
question, Shall the main question be put? Mr. Stuart called for 
the yeas and nays, which being taken, the call was lost, by yeas 32, 
nays 42. 

Mr. CroTHEeRS moved an adjournment. 

Mr. CARLILE arose to say a few words by general consent, for 
the benefit of his friend from Ohio and others. 

THE PRESIDENT said it could only be by general consent. 

Several members objected. 

Mr. CARLILE said he must say it, and amid great confusion and 
eries of order, he proceeded to say that if this course was to be 
pursued by the opponents of compromise after the offer he had 
made to mect them upon a compromise, he would now take it all 
back, and if they would and must have war, they could have it. 

Some member said ‘‘and war it shall be!’’ another said ‘‘ We 
will meet you.”’ ‘ 

Mr. Frost arose and said he too would take back all he had said 
of a willingness to meet the advocates of a division upon compro- 
mise grounds. 

Mr. CroTHEerS withdrew his motion, and 

Mr. Stuart proceeded to make a speech upon boundary; after 
which the yeas and nays, having been demanded upon the ques- 
tion of adopting Mr. Stuart’s amendment, were taken and resulted 
yeas 38, nays 37. 

So the amendment was adopted, Being decided by Mr. Atkin- 
son changing his vote. 7 

The question recurred upon the substitute as amended, and 
Mr. West proceeded to address. the Convention on a variety of 
subjects, but chiefly in relation to boundary. 

Mr. CARLILE said he had stated repeatedly that he should yield 
a willing acquiescence to whatever might be the conclusion of the 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 279 


Convention. He regarded the adoption of: this amendment as 
equivalent to an indication that the Convention had determined 
not to adopt any measure that would result in the division of the 
State, or that the voice of the people within what should be the le- 
gitimate State, should at this time be heard. They all knew that 
territory was thus included which must vote down a proposition 
for separation, and he presumed it was so intended. He was now . 
willing to acecpet this as an expression of the Convention and as 
such he would acquiesce in it. Amended as it now was he must 
vote against the substitute which he himself had offered, still hop- 
ing that at some future day they should be able to accomplish the 
much-desired end now, as he was willing to regard it here de 
feated. 

Mr. Tarr, with a hope that a little time and reflection would 
tend to produce a better feeling among members, moved to ad- 
journ. 

Mr. FARNSWORTH said they now had no further business here, 
and he moved to adjourn sine die. 

Several members cried out, ‘‘Yes, let’s adjourn and go home.”’ 
‘“We have no more business here.’’ &c. 

THE PRESIDENT decided the motion out of order—the motion to 
adjourn taking precedence. 

This motion was put, and the Convention adjourned with much 
disorder. 


ADJOURNED SESSION—TWELFTH DAY. 
MONDAY, AUGUST 19, 1861. 


The Convention met and was ealled to order at half-past 9 
o’clock A. M. 

Prayer by Rev. Gideon Martin of the M. E. Church. 

Minutes of Saturday read and approved. 

THE PRESIDENT presented a communication from the Governor, 
tendering his resignation as a member of the Convention. 

Mr. Lewis followed in some remarks upon the form of the gov- 
ernment here, and suggested that the executive and legislative de- 
partment of the government ought to be entirely separated, and that 
it should be brought back to its original representative character. 
The Richmond Convention had placed the supreme power in the 


280 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


executive, and he thought that in re-constructing this government 
they ought to remedy the evils brought upon us by that Conven- 
tion. We should be careful of patterning after them in destroying 
the representative character of our government and investing too 
much of the authority in the hands of an executive. He favored the 
acceptance of the resignation. 

Mr. Lewis went on at some length to explain the card to which 
allusion had been made in debate here. He reviewed circum- 
stances which induced him to write it, and defined what he meant 
by a divided allegiance, to be strictly in accordance with the Con- 
stitution of the United States and of the State. He took the posi- 
tion he did at the time, because he understood the movement then be- 
ing inauguarted here as a counter revolution, and not what it has 
since proved itself, the reorganizing of the government of the 
whole State; and because he thought it possessed a disintegration 
of the State at a time when he thought it would have been unwise. 
‘Tf that card was mistaken in the doctrines it announced, if it 
was imprudent in its inception, and ill-judged in the time of its 
being put forth; it, as was remarked by the gentleman from Ohio, 
threw impediments in the way of those who are engaged in this 
great movement. I will from this day make use of all my powers, 
intellectual, moral and physical, to undo what was wrongfully 
done in the righting of that card.’’ 

The resignation of Mr. Pierpont was accepted. 

The order of the day came up being upon the substitute as 
amended by Mr. Stuart. | 

Mr. Hooron proceeded to address the Convention. He believed 
upon the harmonious settlement of this vexed question here de- 
pended the welfare of this government. Since Saturday they had 
all had time to reflect, and he came here this morning holding 
out an olive branch to gentlemen who advocated the opposite of 
this question. For this purpose he submitted the proposition that 
this whole matter be referred to a committee to consist of six mem- 
bers, three from each side, with the express understanding that 
the committee report tomorrow morning. He moved that the 
whole matter be thus referred. 

Mr. FarnswortH asked the gentleman to withdraw his motion 
for a time. 

Mr. Hooton declined to do so, as he was aware that there were, 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 281 


at least, half a dozen propositions to be offered. He could not 
consistently do so. | 

Mr. Farusworte said his object was to present a modification 
of his proposition, which he believed would give general satisfac- 
tion. If this should fail he would then favor the proposition. 

Mr. Hooron said the gentleman could present his modified prop- 
osition to the committee for their consideration. 

Mr. BorEMan said he was willing to meet gentlemen on the oth- 
er side half way, and he thought every proposition had much bet- 
ter be referred to the committee. 

Mr. Dorsty moved to amend the motion by inserting as the 
committee, the names of Messts. Carlile, Lamb, Kramer, Carskadon, 
Jackson and Boreman of Tyler. 

Mr. Tarr moved to amend by making the committee consist of 
ten, and thought they should be selected from every side of the 
house. 

Mr. VAN WINKLE remarked that in the Convention of 1850, 
when the Compromise Committee was appointed to consider the 
question of the white basis, they were appointed by ballot, each 
member voting for half the committee. He did not make the 
motion to select them in this way, but merely made the sugges- 
tion. 

-Mr. West expressed a hope that the proposition of the gentle- 
man from Preston would prevail. 

Mr. Dorsry withdrew his motion. 

‘Mr. Pousuery rose merely, as he said, for the purpose of express- 
ing his cordial approbation of the proposition of the gentleman 
from Preston. , 

Mr. Tarr withdrew his amendment to the motion of Mr. Dorsey. 

Mr. Lame suggested that each side of the house upon the ques- 
tion to be determined should select its half of the Committee. 

Mr. Hooron accepted the suggestion. 

Mr. Hooton’s proposition as thus amended was adopted unani- 
mously. 

Mr. Lamp, from the Committee on Credentials, reported that 
E. B. Hall, of Marion, was entitled to a seat in the Convention, to 
fill the vacancy created by the resignation of Mr. Pierpont. 

The report was adopted and Mr. Hall sworn in. 

Mr. Frost presented an ordinance to provide for holding a 
special term of the County Court of Jackson county, to commence 


282 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


on the fourth Thursday of August, 1861, which ordinance was 
passed. k 

Mr. Van WINKLE by general consent, offered the Committee on 
Business an ordinance providing for the collection of the publie 
revenue in certain cases, which was laid upon the table and order- 
ed to be printed. 

The Convention then. took a recess until the regular hour, to af- 
ford opportunity to elect a Compromise Committee. 


AFTERNOON SESSION. 


Convention met at half-past two. [o’clock. ] 

Mr. Frost said the members of both sides respectfully elected 
the following gentlemen as the Committee on Compromise: 
Messrs. Farnsworth, Carlile, Paxton, Van Winkle, Ruffner and 
Lamb. 

Mr. VAN WINKLE said he was instructed by that Committee to 
recommend to the Convention an adjournment until tomorrow 
morning, in order that all propositions connected with the subject 
which are pending or may be offered, be referred to that Commit- 
tee, and that they have liberty to print their report before submit- 
ting it to theeConvention, if they can agree in time. ‘‘In that case 
the matter will be ready for your action at the opening of the 
morning session, and will hardly be got ready before. In refer- 
ence to the other business that is pending here I mentioned it to 
the Committee, and they said they would like to be present when 
it is acted upon; and upon the whole, considering the state of 
anxicty mm the minds of the members upon this subject, it was 
thought, if we would dispose of this in the morning, the other bus- 
iness could be taken up and disposed of in perhaps a half hour or 
an hour. 

‘‘T therefore move that all propositions and any proposition that 
may be offered in reference to a division of the State, be referred 
to the Select Committee on that subject, and that they have leave 
to print such report as they may agree to by tomorrow morning.”’ 

Mr. Lewis—‘‘In accordance with the suggestion just made, I 
move that the Convention now adjourn.’’ 

Mr. Frost asked the gentleman to withdraw his motion a mo- 
ment to allow him to make a personal explanation, which he pro- 
eeeded to do as follows: 

‘‘The impression seems to have gone abroad, Sir, that on last 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 283 


Saturday, after making the statement I did, that I had paired off 
with Mr. Todd, of Taylor county. I voted upon the amendment of 
the member from Doddridge. I distinctly stated then that I believed 
under the arrangement I had made with Mr. Todd, I had the right 
after the proposition of Mr. Boreman was voted down, to vote up- 
on any subsequent proposition, but I declined doing it, lest it might 
be misinterpreted. I voted upon one proposition alone, and that 
was upon a motion to put the main question. I voted against that 
in order to allow the member from Doddridge an opportunity to 
speak upon his proposition. This impression seems to have gone 
abroad outside of the hall from the report of members who seem- 
ed to have misunderstood the vote I gave. I make this statement 
in order that reporters may make some minute of it to show why I 


. declined voting. I was in favor of the motion of the gentleman 


from Doddridge, and should have voted in favor of it, but for the 
reason assigned I did not vote upon it.”’ 

Mr. Lewis then renewed his motion and the Convention ad- 
journed. 


ADJOURNED SESSION—THIRTEENTH DAY, 
THURSDAY, AUGUST 20, 1861. 


Convention met and was ealled to order at half-past nine A. M. 

Prayer by Rev. Gordon Battelle. 

Minutes read and approved. 

Mr. FarnswortH—‘‘ As Chairman of the Committee, Sir, whose 
duty it was by special appointment to try, if possible, to compro- 
mise upon some measure to be adopted by this Convention, we are 
ready this morning to report, and, we would say to this Conven- 
tion, that the labors of that Committee were arduous. We met in 
the spirit of harmony and union; we met for the purpose of meet- 
ing, if possible, upon some general compromise ground that would 
suit this entire Convention and suit the people. And I am happy 
this morning to say to this Convention that we have agreed upon a_ 
plan to be submitted this morning; and we have not only agreed, 
but unanimously agreed. Every member of the Committee, and I 
believe, with heart and hand, has agreed to it. And we take 
great pleasure this morning in submitting the result of the labors 
of that Committee, hoping that this Convention may properly ap- 
preciate the report we make. 

The following is the report: 


284 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


AN ORDINANCE TO PROVIDE FOR THE FORMATION OF 
A NEW STATE OUT OF A PORTION OF THE 
TERRITORY OF THIS STATE. 


WuereEas, It is represented to be the desire of the people inhab- 
iting the counties hereinafter mentioned to be separated from this 
Commonwealth, and to be erected into a separate and independent 
State, and admitted into the Union of States, and become a member 
of the Government of the United States: 

Sec. 1. The people of Virginia, by their Delegates as- 
sembled in Convention at Wheeling, do ordain that a new 
State to be called the State of Kanawna, be formed 
and erected out of the territory included within the  fol- 
lowing described boundary: Beginning on the Tug Fork of 
[Big] Sandy river on the Kentucky line where the counties 
of Buchanan and Logan join the .same, and running thence 
with the dividing line of said counties, and the dividing line of the 
counties of Wyoming and McDowell to the Mercer county line, and 
with the dividing line of the counties of Mercer and Wyoming to 
the Raleigh county line, ana thence with the dividing line of the 
counties of Raleigh and Mercer, Monroe and Raleigh, Greenbrier 
and Raleigh, Fayette and Greenbrier, Nicholas and Greenbrier, 
Webster, Greenbrier and Pocahontas, Randolph and Pocahontas, 
Randolph and Pendleton, to the south-west corner of Hardy coun- 
ty, thence with the dividing line of the counties of Hardy and 
Tucker to the Fairfax Stone, thence with the line dividing the 
State of Maryland and Virginia to the Pennsylvania line, thence 
with the line dividing the States of Pennsylvania and Virginia to 
the Ohio River, thence down said river, and including the same, to 
the dividing line between Virginia and Kentucky, and with the 
said line to the beginning; including within the boundaries of the 
proposed new State the counties of Logan, Wyoming, Raleigh, 
Fayette, Nicholas, Webster, Randolph, Tucker, Preston, Monon- 
galia, Marion, Taylor, Barbour, Upshur, Harrison, Lewis, Brax- 
ton, Clay, Kanawha, Boone, Wayne, Cabell, Putnam, Mason, Jack- 
son, Roane, Calhoun, Wirt, Gilmer, Ritchie, Wood, Pleasants, Ty-— 
ler, Doddridge, Wetzel, Marshall, Ohio, Brooke and Hancock. 

Suc. 2. All persons qualified to vote within the boundaries 
aforesaid, and who shall present themselves at the several places 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 285 


of voting within their respective counties, on the fourth Thursday 
in October next, shall be allowed to vote on the question of the 
formation of a new State as hereinbefore proposed; and it shall be 
the duty of the Commissioners conducting the election at the said 
several places of voting at the same time, to cause polls to be 
taken for the election of Delegates to a Convention to form a Con- 
stitution for the government of the proposed State. 

Sec. 3. The Convention hereinbefore provided for may change 
the boundaries described in the first section of this Ordinance, so 
as to include within the proposed State the counties of Greenbrier 
and Pocahontas or either of them, and also the counties of Hamp- 
shire, Hardy, Morgan, Berkeley and Jefferson, or either of them, 
and also such other counties as lie contiguous to the said boundar- 
ies, or to the counties named in this section; if the said counties 
to be added, or either of them by a majority of the votes given, 
shall declare their wish to form part of the proposed State, and 
shall elect Delegates to the said Convention, at elections to be held 
at the time and in the manner herein provided for. 

Sec. 4. Poll Books shall be prepared under the direction of the 
Governor, for each place of voting in the several counties herein- 
before mentioned, with two separate columns, one to be headed 
*‘For the New State,’’ the other, ‘‘ Against the New State.’’ 

And it shall be the duty of the Commissioners who superintend- 
ed, and the officers who conducted the election in May last, or such 
other persons as the Governor may appoint, to attend at their re- 
spective places of holding elections, and superintend and conduct 
the election herein provided for. And if the said Commissioners 
and officers shall fail to attend at any such place of holding elec- 
tions, it shall be lawful for any two freeholders present to act as 
Commissioners in superintending said election. It shall be the 
duty of such persons superintending and conducting said election, 
to employ clerks to record the votes, and to endorse on the respec- 
tive poll books the expenses of the same. 

If on the day herein provided for holding such election, there 
shall be in any of the said counties, any military force or any hos- 
tile assemblage of persons, so as to interfere with a full and free 
expression of the will of the voters, they may assemble at any other 
place within their county, and hold an election as herein provided 
for. It shall be the duty of such Commissioners superintending, 
and officers conducting said election, and the clerks employed to 


286 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


record the votes, each before entering upon the duties of his re- 
spective office, to take, in addition to the oath now required by the 
general election law, the oath of office prescribed by this Conven- 
tion. It shall be the duty of the officers and commissioners afore- 
said, as soon as may be, and not exceeding three days after said 
election, to aggregate each of the columns of said poll books, and 
ascertain the number of votes recorded in each, and make a return 
thereof to the Secretary of the Commonwealth, in the City of. 
Wheeling, which return shall be in the following form, or to the 
following effect: 


VATE ineaets bese ile , Commissioners; and (..- 2 2)..22 ee oe , conducting 
officers, do certify that we caused an election to be held at 
SOLAN ARE EOE in the county of ........... at which we permit- 


ted all persons to vote that were entitled to do so under existing 
laws, and that offered to vote, and that we have carefully added 
up each column of our poll books, and find the following result : 


HOr es New State, ee ee votes ; Against a.new- State, eae eee 
votes. Given under our hands, hte EER he day of: S:yueeeae 
1861. 


Under which certificate there shall be added the following affi- 
davit: 

MP MEN RR Res ilibagy Ls Bis oF Hy) County, to-wit: 

LS AR CRYO Rie Oars aa tina a Justice of the Peace, (or any officer 
now authorized by law to administer oaths, in and for said county, 
do certify that the above-named commissioners and conducting of- 
ficers, severally made oath before me that the certificate by them 
above signed, is true. Given under my hand this.......... day 
Oia Cue eee wate ae 1861. 


The original poll books shall be carefully kept by the conducting 
officers for ninety days after the day of the election, and upon the 
demand of the Executive shall be delivered to such person as he 
may authorize to demand and receive them. 

Suc. 5. The commissioners conducting the said election in each 
of said counties shall ascertain, at the same time they ascertain the 
vote upon the formation of a new State, who has been elected from 
their county to the Convention hereinbefore provided for, and shall 
certify to the Secretary of the Commonwealth the name or names 
of the persons elected to the said Convention. 

Src. 6. It shall be the duty of the Governor on or before the 


THE PEOPLE oF NORTHWESTERN VIRGINIA IN’ 1861. 287 


fifteenth day of November next, to ascertain and by proclamation 
make known the result of the said vote, and if the majority of the 
votes given within the boundaries mentioned in the first section of 
this ordinance shall be in favor of the formation of a new State, he 
shall so state in his said proclamation, and shall call upon said del- 
egates to meet in the city of Wheeling on the 26th day. of Novem- 
ber next, and organize themselves into a Convention, and said Con- 
vention shall submit for ratification or rejection the Constitution 
that may be agreed upon by it, to the qualified voters within the 
proposed State, to be voted upon by the said voters on the fourh 
Thursday in December next. 

Sec. 7. The county of Ohio shall elect three delegates; the coun- 
ties of Harrison, Kanawha, Marion, Marshall, Monongalia, Pres- 
ton and Wood shall each elect two; and the other counties named 
in the first section of this Ordinance shall each elect one delegate 
to the said Convention. And such other counties as are described 
in the third section of this Ordinance shall, for every seven thous- 
and of their population, according to the census of 1860, be en- 
titled to one delegate, and to an additional delegate for any frac- 
tion over thirty-five hundred; but each of said counties shall be 
entitled to one delegate. 

Sec. 8. It shall be the duty of the Governor to lay before the 
General Assembly, at its next meeting, for their consent, accord- 
ing to the Constitution of the United States, the result of the said 
vote, if it shall be found that a majority of the votes cast be in 
favor of a new State, and also in favor of the Constitution pro- 
posed to said voters for their adoption. 

Src. 9: Said new State shall take upon itself a just proportion 
of the public debt of the Commonwealth of Virginia prior to the 
1st day of January, 1861, to be ascertained by charging to it all 
State expenditures within the limits thereof, and just proportion 
of the ordinary expenses of the State government, since any part 
of said debt was contracted, and deducting therefrom the monies 
paid into the treasury of the Commonwealth from-the counties in- 
cluded within the said new State within the same period. All 
private rights and interests in lands within the proposed State, de- 
rived from the laws of Virginia prior to such separation, shall re- 
main valid and secure under the laws of the proposed State, and 
shall be determined by the laws now existing in the State of Vir- 
ginia. 


288 PrOCESpINGS AND JOURNALS OF THE CONVENTIONS OF 


The lands within the proposed State, of non-resident proprie- 
tors, shall not in any case be taxed higher than the lands of resi- 
dents therein. No grants of lands, or land warrants issued by the 
proposed State, shall interfere with any warrant issued from the 
Land Office of Virginia, prior to the 17th day of April last, which 
shall be located on lands within the proposed State, now liable 
thereto. 

Sec. 10. When the General Assembly shall give its consent to 
the formation of such new State, it shall forward to the Congress 
of the United States such consent, together with an official copy 
of such Constitution, with the request that the said new State may 
be admitted into the Union of States. 

Sec. 11. The Government of the State of Virginia, as re-organ- 
ized by this Convention at its session in June last, shall retain, 
within the territory of the proposed State, undiminished and un- 
impaired, all the powers and authority with which it has been 
vested, until the proposed State shall be admitted into the Union 
by the Congress of the United States; and nothing in this ordi- 
nance contained, or which shall be done in pursuance thereof, shall 
impair or affect the authority of the said re-organized State gov- 
ernment in any county which shall not be included in the proposed 
State. | 

Mr. Van WinxkLeE—‘‘The questions involved here are those of 
boundary and of time. We had conceded to the gentlemen on 
the other side an opportunity of bringing this matter before the 
Legislature at its next session, in consideration, partly, at least, 
of the fact that if the next legislature holds only its regular session 
it will not meet until two years after December next. It however 
will be seen, leaves discretion enough in the Legislature to act 
upon this matter, and if as we have feared the state of the country 
should be such that this vote cannot be taken in any considerable 
number of the counties, why, of course, the thing would fail for 
the present. 

Again, Sir, what we think, to some extent, has been conceded 
to us is that another Convention shall be called for the purpose of 
making a Constitution for the new State. There were serious ob- 
jections to going on with the old constitution and organizing a goy- 
ernment under its provisions, and in a few months have to make 
another Constitution. The Constitution of the new State will 


w 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 289 


therefore be submitted to the people before the application comes 


before the Legislature. 


In reference to the boundary, I can only refer gentlemen to the 
bill. There have been so many different and conflicting views in 
reference to that subject that it is hard to say which side has 
yielded and which has not. And while my views were very strong 
in the beginning of this matter to endeavor to include the valley, 
I have somewhat changed in regard to them. One ground of that 
change is that it would be perhaps taking too much from the old 
State. Another is that the Valley itself would not consent, or at 
least no other parts than those for which provision is made in this 
ordinance. I will only say in conclusion that the ordinance is 
made up of the different propositions offered here, and is, I believe, 
really the result of a sincere desire on the part of the Committee 
to do something that would meet the approbation of the Conven- 
tion and the people generally. 

The dangers that we feared from too early action will perhaps 
be obviated by the provisions of this ordinance, and I think if this 
belief is general, that there can be no objection to passing it as it 
is. If there are any counties in which from the occupation of 
hostile troops, elections cannot be held, the matter cannot be acted 
on by the Legislature. At any rate there is discretion left to the 
Legislature to act properly in this matter, and if we go on to Con- 


gress with our application in that way, and if there is any irregu- 


larity it is not likely we will obtain their consent. It will, there- 
fore, behoove gentlemen who are favoring this movement most 
strongly to wait until they have the consent of these counties em- 
braced im this boundary, to insure the assent of Congress. We 
think that the great concession made on our side is in conceding 
early action, to refuse which would, perhaps, be fatal to the whole 
thing. It was to decide between this and the danger of postponing 
the whole matter, by permitting the friends of a division to risk 
action now.’’ 

Mr. CRANE moved to amend by adding at the end of the 88th 
line in the 7th section the words ‘‘the said delegates shall receive 
the same per diem as that which is now allowed to the members 
of the General Asembly.’’ 

The amendment was agreed to. | 

Mr. Pousury obtained the floor, and proceeded to give expres- 
sion to his reasons for opposing the adoption of the report of the 


290 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


Committee. His real objection was that the Convention had no 
power to act on, this subject; that ‘‘although we are de jwre—we 
are in fact the rightful government of the whole state of Virginia, ~ 
according to the principles of American Government and accord- 
ing to the principles recognized by the government of the United 
States, yet’’ he contended that ‘‘we are not de facto the govern- 
ment of the whole of the State of Virginia.’’ For this reason he 
could not feel that they had any right to adopt measures for a 
separation of the State. 

Mr. Martin, of Wetzel, moved the previous question. 

Several members asked him to withdraw it. 

Mr. Martin consented to withdraw it, but he did not think the 
subject needed any further elucidation; it was already exhausted, 
and he did not think any new light could be thrown upon the 
subject. 

Mr. Lamps addressed the Convention briefly, in favor of the re- 
port of the Committee. He had consented to it somewhat reluct- 
antly, but he would remind his friends that, by the Constitution of 
the United States, no action of the people of Virginia can effect 
anything without the consent of the Legislature, towards the for- 
mation of a new State, and that consent must be free and un- 
trammelled. This was one security against a division. Another 
was, that another Convention was to be held to prepare and submit 
a constitution to our people of the new State. If that Conven- 
tion should find the state of things would not allow the subject to 
be fairly and freely acted upon, they certainly would postpone the 
matter until such an expression could be had. He thought they 
had at least a reasonable security that no action would be had 
unless an actual and fair expression of popular sentiment should 
be previously had. 

Mr. Tarr proposed to amend the Ordinance in the 20th line, 
of the first section, by inserting the counties of Hampshire, Hardy, 
Morgan, Berkeley, and Jefferson. 

Mr. Stuart moved to add, as an amendment, the counties of 
Pendleton and Highland, and made some remarks in favor of his 
motion, going to show how strong was the Union sentiment in those 
counties. 

Mr. Burpert retorted by saying that some idea could be formed 
by the strength of the Union sentiment there by the fact that the 
first rebel troops that invaded Northwestern Virginia were from 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 291 


Highland county. They had been quartered in his own town 
(Pruntytown) and in his own house. Among them was one Captain 
Hull who in the Richmond Convention was a Union man and who 
finally yielded and perhaps signed the Ordinance of Secession. 
Mr. Srvuart inquired if there was not a company of secession 
troops in the gentleman’s own county (Taylor) before these troops 
came over from Highland. 

Mr. BurpettT replied, that might be true, but he had alluded to 
that fact to show how strong was the Union sentiment in Highland. 
He supposed the gentleman had, perhaps, some relatives over there 
and he believed it would be cheaper for him to go over to them 
than to try to bring the country to us. 

Mr. Downey obtained the floor for the purpose of vindicating 
the Union element of Hampshire county. He went on at length 
to advocate the amendment of Mr. Tarr taking in that and other 
counties. 

Mr. Hooton demanded the previous question. 

_ The question was put upon the amendment of Mr. Stuart, and 
the amendment lost. 

The question recurred on the amendment of Mr. Tarr. 

Mr. Buruey hoped gentlemen would concede them this one 
amendment. 

The question on the adoption was taken by yeas and nays, and 
resulted, yeas 35, nays 27. 

So the amendment was adopted. 

Mr. CaruiLe took the floor, and said that by the action just 
taken, he was satisfied it had destroyed the ordinance reported by 
the Committee, and this being the case, he should not object to 
any other amendments. He proceeded to speak in opposition to 
including the counties named in the amendment. <A provision was 
incorporated into the ordinance by which they could*come into the 
new State, if they desired it; if they did not desire to come in, no 
power to be exercised here could bring them in. One object was to 
get rid of the secession forces. He believed that Eastern Virginia 
was willing to let Northwestern Virginia go and form a separate 
Stace, but would they be willing to let these counties go, containing 
some 8,000 slaves, and which were within their natural boundaries, 
without a fierce struggle to maintain them. Besides we had no as- 
surance that these counties wanted to come with us at all. They 
wer2, some of them, largely secession, and would have to be co- 


292 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 

erced, if brought in at all. The provision of the ordinance would 
afford them an opportunity to come in, if they desired, and if they 
did not want to, we certainly did not want them. 

As to wanting these counties because the Baltimore and Ohic 
Railroad ran through them he would just say that in times of 
peace we had free and unmolested use of that road, and in times 
of war it could not be used anyhow. So that argument had no 
force whatever. 

Mr. CaLpweELu interrupted Mr. Carlile and moved a reconsider- 
ation of the vote by which the amendment was adopted. 

Mr. Nicnonis followed in a very eloquent appeal to members 
not now to again throw an element of discord into the Conven- 
tion. They all knew he had opposed immediate action as much as 
any of them, but they had appointed their committee to adopt 
measures that might harmonize them, and should not captiously 
oppose what that committee had proposed to them. Let them not 
now again distract the Convention and ruin everything. He hoped 
they would adopt the report and let them go home united, and en- 
ter upon the field of duty to which their country now called them, 
the defence of their homes and firesides. For one he was willing 
to act with all who were ready to aid in saving their country in 
this hour of its extremity. 

Mr. Tarr proposed to amend his amendment by leaving out the 
counties of Berkeley and Jefferson. 

Mr. Haun, of Marion, obtained the floor and occupied some time 
in vindicating the Union sentiment of Richmond and Eastern 
Virginia. He was in favor of taking in the counties included in 
the amendment of Mr. Tarr, and hoped that gentleman would let 
them all stand, and not be satisfied with half a loaf. He was op- 
posed to being in a hurry. Let them consider this measure calmly 
and not hasten things too much toward a division of the State. 

Mr. VAN WINKLE made some further remarks in explanation of 
the report of the Committee. If these counties were to be left out 
they, could vote themselves in if they chose to, but if a county 
should so vote with another intervening between it and the 2ew 
State, of course they could not come in. But if the counties named 
in the amendment, or any others, were included in the bound- 
aries they must come in whether willing or not. The leaving ort of 
these counties and others, and then making the provision by which 





THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 293 


they might come in if they wished was the very essence of the 
compromise they had effected. 

Mr. Caruite demanded the yeas and nays upon the motion of 
Mr. Caldwell to reconsider, which being taken resulted as follows: 


Yras—Messrs, Berkshire, Brown, Burdett, Brumfield, Burley, Cather, 
Crawford, Carlile, Crane of Preston, Crane of Randolph, Caldwell, David- 
son, Douglas, Davis, Evans, Ferrell, Farnsworth, Fleming, Gist, Graham, 
Hale, Hagans, Hooton, Howard, Jackson, Kramer, Lamb, Lewis, Love, 
Martin of Wetzel, Myers, Mason, Nichoils, Smith of Pleasants, Scott 
(J. L.) Swan, Taft, Vance, Van Winkle, West, Williamson of Pleasants, 
Wilson and Zinn—48. 

Nays—Messrs. Atkinson, Boreman, Barns, Bowyer, Broski, Close, 
Carskadon, Copley, Downey, Foley, Fast, Harrison, Hall of Marion, 
Jonnsor, Koontz, Montague, Michael, Polsley, Ritchie, Smith of Marion, 
Stuart, Tarr, Trout, Withers, Wetzel, Watson, and Mr. President (Bore- 
man of Wood)—27. 


So the vote adopting the amendment was recomsidered. The 
time of a recess having arrived the Convention took a recess, Mr. 
STuArT having the floor. 


AFTERNOON SESSION. 


Mr. Stuart took the floor, and addressed the Convention upon 
the question which recurred upon the adoption of the amendment 
of Mr. Tarr. He thought the report of the Committee was the 
worst proposition that had yet been offered, and yet some gentle- 
men here thought it was above criticism. He was opposed to this 
bill much more than the bill proposed by Mr. Farnsworth, orig- 
inally. He believed the concession had all been one’ way. He must 
give Mr. Carlile credit for having managed this thing admirably. 
After he had concluded 

Mr. Martin of Wetzel called for the previous question. 

The main question was then put upon the amendment of Mr. 
Tarr to add the counties of Hardy, Hampshire, Morgan, Berkeley, 
and Jefferson, and being taken by yeas and nays resulted, yeas 
31, nays 48. 

So the motion to so amend was lost. 

Mr. Burury said he would propose as a compromise, that the 
counties of Hardy, Hampshire, and Morgan, should be included 
within the boundaries of the new State. The question upon the 
amendment was taken and decided in the negative. 

Mr. CaruiLeE said the Convention had now spent about two weeks 


discussing this question, and he thought it was about time for 


294 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


them to come to some conclusion. They had all made their speech- 
es over about ten times—he had he knew—and he hoped this thing 
was to come to an end. 

He was followed by Mr. Smirn, of Marion, who urged in oppo- 
sition to the adoption of the report of the Committee, that this 
proposition would bring up prominently the consideration of the 
slavery question, which must result most disastrously; that such 
was the state of things in many counties that a fair election could 
not be held. He argued that this Ordinance would override the 
Ordinance for the organization of the State government in its pro- 
vision that the Legislature should order an election for executive 
officers so as to end their term of office at the end of six months, 
and thus would perpetuate the present executive of this State goy- 
ernment untilsthe new State shall be admitted into the Union. 

He moved to strike out, in the 24th line, all after the word 
‘“proposed,’’? down to the 33d line. 

He was replied to by Mr. Carte, who said that Mr. Smith 
and. his friends had all along during the session of the Legislature 
and in the early part of this Convention, favored and insisted on 
a Convention to form a constitution, and now that that Con- 
vention was provided for in this proposition the gentleman had 
turned against his own pet scheme. | 

The question was taken upon Mr. Smith’s amendment. and it 
was rejected. | 

Mr. Stuart proposed to amend the Ist section by striking out 
‘“Kanawha’’ and inserting ‘‘West Virginia,’’ as the name of the 
new State. 

Mr. Haun, of Marion, asked for a division of the question. 

The motion to strike out ‘‘Kanawha’’ was put and rejected. 

Mr. West said he wished to define his position. He said they 
had in a manner entirely fair and impartial gone into the selec- 
tion of the Committee that had reported this morning, and while 
he did not pretend to say that any other members felt bound, for 
himself he did feel bound in good faith to carry out the objects of 
the Committee. 

Mr. CRANE, of Randolph, proposed as an amendment to the end 
of the 7th section, as amended by himself this morning, to add 
these words: ‘‘But no person shall receive pay as a member of the 
General Assembly and of the Convention at the same time.’’ 

The amendment was agreed to. 


THE PEOPLE oF NORTHWESTERN VIRGINIA IN 1861. 295 


Mr. Smirn, of Marion, moved to amend the eleventh section by 
adding at the end of it the words: ‘‘ Provided, That nothing here- 
in contained shall annul the power of the Legislature to call an 
election to fill the vacancy of Governor, Lieutenant-Governor, and 
Attorney, and provided for by an ordinance entitled, ‘An Ordi- 
nance for the re-organization of the State Government.’ ”’ 

Mr. Lamp said if he could see the least necessity in the world 
for it, he would vote for the amendment cheerfully, but he could 
not see such necessity. | 

Mr. SmirH said he saw a necessity for it; because these ordi- 
nances would come in conflict. The question might arise in the 
next Legislature, whether we have that power or not, and by hav- 
ing that proviso here, it sets aside the question forever. 

The amendment was rejected. 

Mr. Potsury proposed the following amendment: ‘‘Strike out 
the first sentence of the 7th section, and insert: 

That each of said counties shall be entitled to one delegate; and 
each county having a white population of 7,000 inhabitants, two 
delegates; each county having a like population of 13,000 shall 
have three delegates; and Ohio county shall have four delegates. 

Mr. Pousuey spoke in favor of his amendment and was replied 
to by Mr. Lamb. 

Mr. Hooton ealled for the previous question. 

The question was put and the amendment rejected. 

Mr. Lewis now demanded the previous question on the main 
question. | 

‘The main question was ordered, it being upon the adoption of 
the ordinance reported by the Select Committee, and having beer, 


taken by yees and nays, resulted as follows: 


Yeas—Messrs. Berkshire, Brown, Burdett, Brumfield, Cather, Crawford, 
Carlile, Crane of Randolph, Crane of Preston, Caldwell, Copley, Davidson, 
Douglas, Downey, Davis, Evans, Ferrell, Farnsworth, Foley, Fast, Flem- 
ing, Hale, Hagans, Hooton, Howard, Jackson, Kramer, Lamb, Lewis; Love, 
Martin of Wetzel, Myers, Price, Paxton, Parsons, Rutfner, Slack, Smith 
of Marion, Smith of Pleasants, Smith of Upshur, Swan, Scott, Taft, Vance, 
Withers, Williamson of Pleasants, Wilson and Zinn—48. 

Nays—Messrs. Atkinson, Boreman of Tyler, Barns, Bowyer, Burley, 
Broski, Crothers, Close, Carskadon, Gist, Graham, Harrison, Hubbard, 
Hall of Marion, Hawxhurst, Johnson, Koontz, Mason, Montague, Polsley, 
Ritchie, Stuart, Tarr, Trout, Wetzel, Watson, and Mr. President (Bore- 
man of Wood)—27. 


Several members were paired off. 
Remainder of members absent. 


‘ 


“96 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


So the Ordinance as reported by the Committee and amended 


by the Convention, was adopted. 

Mr. Harrison in casting his vote obtained leave to read an ad- 
dress to the Convention, setting forth his reason for the vote he 
cast. | 

Mr. Smiru, of Marion, in casting his vote said: 

‘‘The bill as presented to the House is, in my opinion, evidently 
defective. But I have ever been disposed to give the people an op- 
portunity to vote on the subject. I think the people abroad require 
at our hands that some steps should be taken towards a division 
of the State, and I have struggled throughout this Convention with 
a view of getting it before the people in the most unexceptionable 
shape I possibly could. I regard this as the most objectionable 
shape in which any proposition has been presented to the House, 
yet so anxious am I that the people shall have a vote on the subject 
that I shall vote yea. I do so not because I subscribe to the modus 
operandi, but because I subscribe to the sentiment it has embodied 
in it, viz: that the people shall exercise their inalienable right of 
suffrage at the polls.’ 

Mr. CALDWELL also made an explanation of his vote, but the re- 
porter not attending at the time did not catch it. 


Mr. Lame offered the following resolution: 


Resoived, That when this Convention adjourn tomorrow, it shall stand 
adjourned until called together by the President of this Convention or 
the Governor; and if not so convened on or before the first Thursday 
of January next it shall then stand adjourned sine die. 


Mr. Suiru, of Marion, moved to amend by striking out after 
‘‘tomorrow’’ and insert ‘‘it adjourn sine die.’’ He thought there 
could be no necessity for recalling this Convention. 

Mr.'LAmB said it was possible there might arise an emergency 
that would justify the assembling of this Convention, and _ it 
would at any rate do no harm to leave that power in the hands of 
the Governor and President of the Convention. 


Mr. Husparp suggested the 26th of November next instead of ~ 


the first Thursday of January, lest, according to the provisions of 
the ordinance, there might be two conventions in session at the 
same time. ‘ 

Mr. Lamp reminded hir that the Convention to be called to- 
gether under the operation or the ordinance would have no power 
to meet any such emergency as was contemplated. It would be a 
Convention called for a special purpose, the formation of a Con- 
stitution. 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 297 


Mr. SmirxH could not see that there ever would be any need of 
summoning this Convention together again, but at the suggestion 
of friends he would withdraw the motion. 

Mr. Stuart moved to strike out that part authorizing the Presi- 
dent to call them together. He preferred to leave it to the Gover- 
nor alone. 

Mr. Lame replied that the Governor might die, or the secession- 
ists might carry him off. They had better have two strings to their 
bow. 

Mr. VAN WINKLE said that in the event of the death of the Gov- 
ernor there would be nobody to eall the convention together, and 
should any emergency arise at such a time this government must 


go all to pieces. 


The amendment was rejected and the resolution adopted. 
Mr. Nicuouus presented the following: 


Resvived, That the doorkeepers of this Convention be allowed three 
dollars per day for their services, instead of the sum now fixed. 


The resolution was adopted. 
Mr. VAN WINKLE said he had some resolutions to offer, and 


while he had no doubt they contained the sentiments of every 


member of the Convention yet he thought possibly it might be best, 
or at least well, to put something on the record. They refer, he 
said, to the necessity, the obligation, which rests upon every member 
here when he goes back among his constituents, to enforce upon 
them the importance of aiding and of maintaining, in every way 
possible, the civil power of this government, and also of aiding and 
co-operating in the raising of State volunteers in our home defence. 
The armies of the enemy having left our country, we may think 
there is no more necessity for this. HKven if their return were not 
probable, we ought to be prepared to put down any domestic vio- 
lence that might arise ourselves, inasmuch as the Government may, 
thinking there is no longer any necessity of keeping its troops 
amongst us, withdraw them for some other field of action. 

Every one must be sensible that, unless the civil arm is strength- 


- ened in every way it can be, and unless all domestic broils and vio- 


lence can be kept down until peace returns, our business and other 
interests must remain in their present prostrate condition. 

The following are the resolutions as they were unanimously 
adopted : 


298 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


Resolved. That this Convention most earnestly urge upon their loyal 
fellow-citzens the importance of extending to the re-organized govern- 
ment a cordial recognition, and that support in its efforts to establish the 
civil authority and to cause the laws to be administered and executed, 
and maintain peace and good order throughout its jurisdiction. 

Resolved, That this Convention further urge upon their loyal fellow- 
citizens the importance of encouraging by their countenance, active co- 
operation in the enrollment and drilling of, at least, one company of 
State volunteers in every county for the purpose of suppressing rebellion 
and insurrection, and aiding the civil authorities in the enforcement 
of the laws. 


Mr. Van WINKLE, from the Committee on Business, reported 
an ordinance to provide for the election of representatives in the 
Congress of the United States; also an ordinance to increase the 
compensation of the Adjutant-General, during the continuance of 
hostilities in the Commonwealth. 

» He moved to take up the following ordinance, which was accord- 
ingly put upon its passage and adopted: 


AN ORDINANCE ASCERTAINING AND DECLARING IN WHAT CASES 
OFFICES ARE VACATED UNDER THE DECLARATION 
OF  JUNH VL: 1361. 

The people of Virginia, by their Delegates assembled in Convention, 
at Wheeling, do ordain as follows: 

1. Hivery incumbent of an oflice held under authority of the common- 
wealth, or of any county, city or town thereof, who, on’and before the 
17th day of June last was in rebellion against the government of the 
United States, or who by any overt act, or by writing or speaking, sup- 
ported and upheld, or attempted to support or uphold, the usurped 
government at Richmond, or the pretended government of the Confederate 
States, and who has not before the passage of this Ordinance, taken and 
subscribed the oath of office prescribed by the Ordinance of this Con- 
vention, entitled “An Ordinance for the Re-organization of the State 
Government,” shall be deemed and taken to have vacated his office; and 
it shall be the duty of the Governor, upon satisfactory evidence thereof, 
to proceed to fill such vacancy; or cause the same to be filled, in the 
mode prescribed by the fifth section of the above cited Ordinance. 

2. This Ordinance shall be in force from its passage. 


He then moved to proceed to the consideration of the following, 
which was also taken up and passed: 


AN ORDINANCE, PROVIDING FOR THH APPOINTMENT OF COL- 
LECTORS OF THE PUBLIC REVENUE IN 
CERTAIN CASES. 

The people of Virginia, by their Delegates assembled In Convention at 
Wheeling, do ordain as follows: 

1. If in any County there shall be no Sheriff or Collector of the 
Public Revenues authorized to act under existing laws and the Ordinances 
of this Convention, and the County Court of such County cannot be con- 
vened, or being convened, shall fail or refuse to appoint and qualify a Co!- 
lector of the State and County Levies, and other public dues, within the 
said County, it shall be the duty of the Auditor of Public Accounts, with 
the approbation of the Governor, to appoint a Collector of the Public 
Revenues for said County, requiring him to take such oaths and with 
proper and sufficient sureties, to be approved by the Governor and Audi- 
tor, to execute such bonds as are required from Collectors appointed 


THE PEOPLE oF NORTHWESTERN VIRGINIA IN 1861. 299 


by the County Courts under the said.laws and ordinances. The said 
bonds shall be filed with the Auditor of Public Accounts, who shall 
transmit certified copies thereof to the Clerk of the County Court of such 
County, which copies shall be received as evidence in all the Courts of 
the Commonwealth. 

2. This Ordinance shall be in force from its passage, and may be 
altered or repealed by the General Assembly. 


He then called up the following just laid upon the table and it 
was taken up and also passed: 


AN ORDINANCE TC PROVIDE FOR THE ELECTION OF REPRE- 
SENTATIVES IN THE CONGRESS OF THE 
UNITED STATES. 

The People of Virginia, by their Delegates assembled in Convention 
at Wheeling, do ordain as follows: 

1. In every Congressional District of the State where from any 
cause an election for Representative in the Congress of the United 
States was not held on the fourth Thursday of May last, and in the 
Eleventh District, where a vacancy now exists, an election shall be 
held on the fourth Thursday of October next, which shall be conducted, 
and the result ascertained, declared and certified in the manner directed 
in the 2d section of the 2d edition of the Code of Virginia. 

2. If in consequence of the occupation of any county by any army 
or forces in hostility with, or rebellion against the government of the 
United States, such election cannot be, or is not, held in such county, 
any person entitled to vote therein may vote in any other county of 
his district; and if no election shall be held at the time appointed in the 
ist section of this ordinance in any Congressional District therein men- 
tioned, the Governor on receiving satisfactory evidence thereof, may 
by proclamation or writ appoint another day for holding such election 


therein. 
3. This ordinance shall be in force from its passage. 


On motion of Mr. Caruitez, the following ordinance was taken up 
from the table and adopted: 


AN ORDINANCE INCREASING THE COMPENSATION OF THE 
ADJUTANT-GENERAL DURING THE CONTINUANCE OF 
HOSTILITIHS IN THE COMMONWEALTH. 

The People of Virginia, by their Delegates assembled in Convention 


at Wheeling, do ordain as follows: 
1. During the continuance of hostilities within the Commonwealth, 


the Adjutant-General, in addition to the salary now allowed by law, 
shall be entitled to receive the sum of $700.00 per annum. 
2. This ordinance shall be in force from its passage, and may be 


altered or repealed by the General Assembly. 

On motion, a committee, consisting of Messrs. Van Winkle, Bore- 
man and Lamb, were selected to revise the ordinances of the Con- 
vention. 

Mr. CaLpweELu presented an ordinance relating to grand and 
petit jurors and attorneys-at-law, requiring them to answer certain 
questions before entering upon the duties of their offices, which, 
after some consideration, was indefinitely postponed. 


Mr. Kramer offered the following, which was agreed to: 
Resolved, That 10,000 copies of the ordinance providing for the forma- 


300 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


tion of a new State,- be published for circulation within the counties of 
the proposed new State and counties lying contiguous thereto.. 


Mr. Burprerr moved that when this Convention adjourn, it ad- 
journ to meet tomorrow at 4 P. M. 

The motion was sata to, and on motion the Convention ad- 
journed. 


ADJOURNED SESSION—LAST DAY, 
WEDNESDAY, AUGUST 21, 1861. 


The Convention met at four o’clock P. M. 

Minutes read and approved. 

Mr. BoremMan, of Tyler, offered the following which was adopt- 
ed: 


Resolved, That a committee of three be appointed to wait upon the 
Governor, and inquire whether he has any communication to make to the 
Convention before its adjournment. 


Messrs. Boreman, Smith of Marion, and Withers, were appointed 
said committee. 

Mr. Newman, of Wirt, who had been absent, obtained general 
consent to vote upon the ordinance creating a new State. He 
voted nay. : 

Mr. VAN WINKLE, from the Committee of Revision, made their 
report, which was adopted. 

Mr. West moved to take up the resolution offered some days ago 
by himself, providing for the next meeting of the next Legislature 
in Richmond. 

Mr. Croruers suggested that it would not be exactly proper for 
citizens of Kanawha to meet in Richmond. 

A vote was taken and the Convention refused to take up the reso- 
lution. 

Mr. Barns offered the following resolution of thanks, which was 


unanimously adopted: 

Resolved, That the thanks of this Convention are due and are hereby 
tendered to the President of this body for the able and impartial manner 
in which he has discharged the duties of his position. 

Mr. Evans offered the following, which was also adopted: 


Resolved, That this Convention take pleasure in acknowledging the 
satisfactory manner in which the Clerk and other officers of the Conven- 
tion have discharged their respective duties. 

Mr. West offered the following which was also adopted: 

Resolved That the thanks of this Convention are due and are hereby 
tendered to the reverend Clergy who have opened our daily sessions 
with prayer. 


After some time had elapsed in waiting for the return of the 
Committee, 


SS a 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 301 


Mr. Caruiue said he believed they had got about through their 
labors. 

A member said the Committee had not returned. 

Mr. CarnmE—‘ Well, Sir, we cannot wait here all night on the 
Committee. I have always found that when we have nothing to 
do, we are sure to do something we ought not to do. ‘‘Idleness is 
the parent of Vice,’’ is a copy I used to write when a boy at school. 
I therefore move that this Convention do now adjourn.’’ 

Mr. West—‘‘It would certainly be a very unusual proceeding 
after having appointed a committee to wait upon the Governor, to 
adjourn before that committee returned.’’ 

THE PRESIDENT reminded the gentlemen that a motion to ad- 
journ could not be discussed. 

Mr. Caruine—‘‘I submitted it for that purpose, Sir. I knew we 
would have to be discussing something while waiting here, and I 
thought this about as innocent a motion as we could discuss.’’ 
(Laughter. ) } 

The Committee at this juncture returned. 


Mr. Catuer offered the following resolution, which was adopted: 


Resolved, That the thanks of this sare are due to the Reporters of the 
Proceedings of this Convention. 


The Committee reported that the Governor would shortly com-_ 
municate to the Convention in person. 

The Governor appeared in a few minutes and addressed the Con- 
vention in executive session. 

After the Governor had finished his communication, 

Mr. West moved that the Convention now adjourn. 

The motion was put, and the Convention adjourned without 
day. 

THE Present (Arthur I. Boreman, of Wood) said: 

““Gentlemen of the Convention: I desire in parting with you, to 
say a few words to you, and but a few. I return you my thanks 
for the complimentary terms in which you have chosen to speak 
in the resolution you have adopted. We have been assembled in 
Convention, at the last session and this, about one month; and dur- 
ing that time we have had delicate and responsible duties to per- 
form. It gives me pleasure to say that you have performed those 
duties fairly, honestly and fearlessly. 

At the earlier session, as is well known, you reorganized the 
government of Virginia, a step which, in my estimation, is fraught 
with great and grave interests—a step which I trust and believe 


302 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


you will never regret. I feel proud in saying that so far as my in- 
formation has extended, that step meets with the cordial appro- 
bation of the loyal and patriotie citizens throughout the Common- 
wealth. They hail it as the best, and, probably, the only hope they 
have of deliverance from usurpation and despotism. It is for the 
present, in my estimation, our only salvation. I have assurances 
from the members of this Convention—I believe from all of them 
—that they will not desert this government; that they will not 
abate one jot from their hitherto laudable efforts to assist this gov- 
ernment in putting in execution its laws under its authority. 

You have passed many ordinances for the purpose of carrying 
out the objects of your assembling, amongst them one has lately 
been adopted by you probably more important than any other. 
You have taken the initiative in the creation and organization of a 
new State. This is a step of vital importance. I hope, and I pray 
God it may be successful; that it may not engender strife in our 
midst, nor bring upon us difficulties from abroad, but that its most 
ardent advocates may realize their fondest hopes of its complete 
success. So far as I am personally concerned, I am content with 
the action of this Convention; I bow with submission to what you 
have done upon this subject. 

Gentlemen, your labors have not been light; they have been ar- 
duous. You have not shrunk from the discharge of your duty, 
however. I feel that your constituents ought to be proud of their 
representatives, ds I am sure that you are proud of a noble, gen- 
erous and confiding constituency. 

Now, gentlemen, permit me to congratulate you upon the har- 
mony, the kind feeling which has characterized all your delibera- 
tions during both the sessions of this Convention. If at any time, 
through a laudable zeal, the members have been led into any man- 
ifestation of feeling or excitement, it passed with the moment, and 
only served to increase their ardor, their zeal and their cordiality 
in co-operating in the measures adopted by you. 

I now hope that each and every one of you may be permitted to 
go to your homes and that you may find your homes, your firesides, 
your families, soon restored to their wonted peace and tranquillity 
and happiness. 

I now, gentlemen, bid you adieu, and in accordance with the reso- 
lution which was passed on yesterday, I pronounce this Conven- 
tion adjourned.’’ 


APPENDIX! 


SPEECHES OF JOHN S. CARLILE AND CHAPMAN J. STU- 
ART ON A DIVISION OF THE STATE, DELIVERED IN 
THE SECOND CONVENTION OF THE PEOPLE OF 
NORTHWESTERN VIRGINIA, AT WHEELING, VIR- 
GINIA, AUGUST 8, '1861—THIRD DAY OF THE AD- 
JOURNED SESSION. 


Mr. Carlile said: 

‘*My. President :—This Convention will at least accord to me sin- 
cerity of purpose and honesty of motive in advocating the adoption 
of these resolutions at this time. The Legislature, to whom I am 
greatly indebted, have conferred upon me a position worthy the 
ambition of any man. I am secure in that position at least for four 
years to. come if things continue here as they are. None but the 
body of which I am a member can deprive me of my place, except 
action such as I propose. If the Convention shall adopt the resolu- 
tions, and a separate State shall be formed, the instant it is formed 
I cease to be a member of the Senate, and the representatives of 
the new State will select my successor—Therefore there can be no 
ambitions personal or pecuniary influences operating on my mind 
when I seek to obtain the object contemplated by the resolutions; 
but, Sir, it has been the cherished object of my life; and I would 
be worse than ungrateful if I could at an hour lke this, forget a 
people who have been engaged ever since my residence among them 
in showering upon me all the honors within their gift. 

There are considerations weighing upon my mind, Mr. President, 
which induce me to believe that the time has arrived now when we 
shall act: If we were at peace; if our people were not engaged in 
a struggle to obtain the government of our fathers, the natural bar- 
riers that separate the people inhabiting the region of country 
embraced in the resolutions make it, in my opinion, to their inter- 
est that they should no longer continue a connection which has been 
1. NOTE—In a footnote at the bottom of page 190, ante, it is stated that these 


speeches of Carlile and Stuart are printed here as Appendix B. It should read 
in Appendix, the letter B being omitted.—V. A. L 


} 


304 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


nothing but prejudicial to them ever since it began. The channels 
of trade, business and commercial relations of the counties named 
in the resolutions I have offered have been everywhere else than 
with the rest and residue of the State in which we liye. All the 
feelings that operate upon men—the kindest feelings of my nature 
—the love I have for home, the scenes of my child- 
hood, the place of my nativity, have all struggled with 
my sense of duty in this matter. Sir, 1f we act’ as 
I propose, I shall be separated by line, an imaginary 
line it is true, but yet a State line, from the county of 
my nativity and the home of my birth. But the counties I have 
designated have no facilities, either of land or water, for any com- 
mercial or business intercourse with the rest of the State. We must 
seek an outlet for our products elsewhere. We must look for our 
markets in Maryland, Ohio, Pennsylvania and Kentucky. We 
never can—nature has fixed it and made it impossible— we never 
ean have business relations with the rest of the State. 
The Southwestern part has its railroads, turnpikes, and 
eanals penetrating through its valleys and mountains and 
leading to the eapital of the State. The centre of the 
valley, the county of Frederick, my native county, hag 
its public improvements reaching to Alexandria and _ Rich- 
mond, affording to them an outlet. Hence they are not interested 
as we are, as are the counties mentioned, in commercial relations 
with other States, and they are not compelled by force of cireum- 
stances which cannot be overcome, as we are, to seek a market for 
their produce and a channel for their industrial interests in other 
and neighboring States.’ Therefore, as a mere material question 
in time of peace, it is the interest of the people inhabiting these 
counties to separate themselves from the rest of the State, and or- 
ganize a separate State Government of their own. 

But then, Sir, there are other considerations now. We have. en- 
tered upon a war such as heaven and earth never saw before, and 
such as I trust in God never will be witnessed again. What is to 
be its end nobody knows; no man ean tell. And what, when peace 
shall at last come, with a tired and oppressed people, ground down 
by taxation and oppression, legitimate and natural consequences 
of war—what consideration would they bestow, the 28,000,000 of 
people, when coming upon terms and ratifying and concluding a 
peace, upon the 308,000 people who inhabit the counties set forth 
in the resolution? How long would they let that people stand in 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 305 


the way of a settlement at the termination of this war? It is a 
question I throw out as a suggestion to be revolved by gentlemen 
in their minds when they rest upon their pillows. God grant that 


a separation of these States never may take place! I hope it 
never may; and as it depends on my action, it never 
shall. — But, Sir, I am but a grain of sand on the sea 


shore; and you are but a grain of sand, and we are 
all .but grains of sand on the shore of our country’s 
destiny. It is a duty we owe to the people who have 
eonfided all their interests to guard and _ protect them 
against every possible contingency; and while I admit with you 
that it is improbable that this war shall ever be terminated in any 
other way than by maintaining the integrity of the Union, and the 
supremacy of its laws, yet you must admit with me that there 
is a possibility of its terminating in some other mode. I, there- 
fore, feel it incumbent upon me as one of the representatives of 
a people who have ably sustained me upon any and all occasions 
to guard them against a possibility of mjury. Looking at that 
possibility—and it is a possibility—where, in case of a settlement, 
if we remain inactive, would we go? Where would we be? Then 
if we act and that possibility does not take place, we are where 
you and I and our people wish us to be—disconnected from the 
rest of the State, the connection being an unnatural one, in contra- 
vention to the laws of nature. Ever since you and I have known 
anything of the workings of the connection it has been prejudicial 
and to our injury, under any circumstances, in any point of view, 
in which I have asked you to look at this question. My opinions, 
formed years ago, in a time of profound peace, have been strength- 
ened by every day’s experience. It will be remembered by the 
members of this Convention that in our last meeting in June, while 
T was then behind some of my friends in this movement, and while 
I was pointed at as having abandoned what I had uttered before, 
in the former Convention, as the matured convictions of my mind, 
I pledged gentlemen that if they would wait until their purpose 
really could be accomplished, that then we had no recognition, no 
Legislature known to the Federal authorities as such, that then 
we had no Legislature that could give us the assent provided for 
and required by the Constitution to be given to a separation—but 
that the moment we had a Legislature, recognized as such, speaking 
in the name of the State, whose assent should go to the Congress 


ra) 


306 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


of the United States and be respected as the assent of a consti- 
tutional Legislature, then .I promised you, gentlemen, I would 
go with you at the earliest possible moment for this division. I 
am here to redeem that pledge today. 

It is argued, Mr. President, by some, that action of this kind 
will not be taken in favor by the Federal Government; that it 
may embarrass it in its present operations. Will any gentleman 
tell me how? If it is regarded with disfavor by the Congress of 
the United States, the war-making power, the power that must 
supply the means to carry on this war, the power that must be 
used to assert the supremacy of the laws and maintain the integri- 
ty of the Union, they will refuse our admission into the Union, 
deny their consent; and there is an end of it, and we are no worse 
off for having made the effort. 

It is said by some that we ought to aid the government in ex- 
tending a loyal government over the rest and residue of the State. 
Does this interfere with us at all? Does this interefere with this 
Provisional Government we have inaugurated here, the government 
of the State of Virginia, as fast as the arms of the Union sweep 
secession before them, and when the Congress of the United States 
admits us as a new State? Surely not; surely not? On the con- 
trary it will have a most happy effect on the Federal Government, 
by showing to them the importance of extending their military 
operations in other parts of the Commonwealth, whenever they are 
in a condition to do it. But is there a gentleman here that for one 
moment supposes that if the armies of the United States, have 
not swept secession out of the State and relieved the loyal citizens 
of the state by December next, will they ever do it? How long, 
centlemen, do you propose to remain as you are? How long is 
the Government to be employed in relieving from the evils of se- 
cession, and the destruction that rebellion upon the country, the 
people of this one State? If it takes a longer period than the 
meeting of next Congress in December to sweep rebellion out of . 
our State, how long will it take to sweep it out of all the rebellious 
States? Sir, when is this war to end? We happen to know 
that the only hope of East Tennessee as to relieving her people, is 
in their organizing a separate and independent State government 
for the loyal portion of that Commonwealth. And we do happen 
to know that the government does regard with favor the effort 
that is to be made there as soon as the advancing columns of the 


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THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 307 


Federal Army shall march into that region of country and enable 
its loyal citizens to perform the deed. 

But, Sir, it is said that our boundaries are not sufficiently large. 
I avoided, intentionally avoided, in drawing up those resolutions, 
including within the limits of this new State a single county which 
I do not believe, by a large majority of its people, would: desire 
to be a part and parcel of it, except two. There are two counties 
named above which I have the slightest doubt as to the sentiments 
of their people, and they are so situated that it is absolutely es- 
sential that they shall belong to us; and a necessity for their be- 
longing to us justifies their being included within our limits. Their 
interests, like ours, are identified with those of other States and the 
State of Virginia. The great thoroughfare between this and the 
Atlantic passes through them, and we never can, we never ought, 
it would be unjust to them and to us, to allow that territory to be 
included within the hmits of any other State. 

Then it is said we have friends from Fairfax and Alexandria who 
would lke to go with,us. One of the resolutions secures you the 
way. If Alexandria and Loudon desire, let their people speak, 
and an ordinance of this Convention will provide for their ad- 
mission. But, Sir, there is a bill now introduced into the Senate 
of the United States, and for which I intended to vote unless 
otherwise instructed by the gentlemen who have honored me with 
a place there, declaring the law ceding Alexandria county’ to the 
State of Virginia unconstitutional and a nullity, and providing for 
its return to the District of Columbia. This is but in compliance 


‘with my own views, expressed on the floor of the Senate of Virginia 


some years ago, when the question of admission of a. delegate 
in the House was determined favorably under the retrocession of 
Alexandria county. I introduced resolutions into the Senate then 
which would have excluded him, and denying the constitutionality 
of the act; but it was the first winter of my legislative experience, 


-and I was prevailed upon to let the go-by be given to them. I 


have no doubt, and have always believed that this District was 
selected by the Father of his Country with a view to placing the 
capital beyond the reach of any ordinary military assault; and 
the possession of Alexandria county is necessary today to put 
Washington in a state of proper military defense. I think the 
instant the territory was ceded by Maryland and Virginia, all the 
powers they had they conferred upon Congress, under the Con- 


c 


308 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


stitution to exercise exclusive legislative jurisdiction to legislate 
for the people within the prescribed limit. 

Thus it seems to me, that the initiation of proceedings now by 
this Convention, none of them being of binding effect,—none of 
them affecting at all our political status,—none of them affecting 
in the slightest degree, our relation either to the State or Union, 
until they have been assented to by the Legislature, which does not 
meet until December, and until our admission into the Union by 
Congress, which does not convene until December—none of them 
affecting at all our relations either to the rest of the State or of 
our own State, as a people,—I cannot for the life of me, see how 
the voice of the people, which comes up to us in tones not to be 
misunderstood, dare be disregarded by members of this body; and 
why any effort should be made to procrastinate and delay action 
in the face of the circumstances that surround us, where by possi- 
bility procrastination may be death. No man is authorized to say 
what the Government of the United States will do, or will not do. 
We have nothing to do with any part of that Government save 
the legislative department of it, when to Congress, and to Con- 
gress alone, it commied by the Constitution the right to determine 
whether we shall be admitted or not. I care not what other depart- 
ments of the Government, or what officials of the Government, 
may think of this question. 

But, then, we have been compelled to ask that the forces of the 
Government be sent on here to protect us, and they might take — 
them away. Sir, how can they desert us, how dare they desert 
us, when the instant they desert us they desert the Union? Vir- 
ginia is to be the battle field. This is to be the battle ground. 
Here is where the question of supremacy of the laws is to be de- 
cided. Sweep out Unionism from this portion of Virginia, and se- 
cession has nothing to do but to march from the southwest corner 
of the State into East Tennessee, inaugurate rebellion in Kentucky, 
and the Southern Confederacy is a fixed fact. Then the Admin-~ 
istration dare not desert us in this hour; and we are powerless 
in our present condition to aid the Administration. Where 
would we have been had it not been for the United States military 
force that was sent into our midst? So impressed was I and the 
rest of the members of the Central Committee, that there must be 
-no delay, and the opinion that longer delay would find us in the 
power of the secessionists, that they started me on the 23d of May, 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 186]. 309 


to urge these facts upon the attention of the Admini- 
stration. On the next day after I arrived at Wash- 
ington, the telegraph bore the order to General McClel- 
lan to move. They cannot desert us, whatever their 
opinions may be. They cannot leave us at this hour, so 
bondsmen of the field sold to those who have engaged in this effort 
to destroy our republican institutions. There is no just or well- 
founded apprehension of this that any member of this body can 
reasonably entertain. 

But there is another objection. It is ‘said that the Legislature 
at its late session refused its assent to a separation. According to 
the Constitution, Sir, I think they had no right, or at least there 
was no necessity for their giving their assent at this time. The as- 
sent of Congress to the admission of a State into the Union is never 
given until after the application has been made. I say never, as a 
general rule-—When a Territory sceks admission into the Union 
as a new State, it seeks it after it has assembled its Convention, 
framed a Constitution and elected officers under it. Then it pre- 
sents its application, accompanied by its Constitution to the 
Congress of the United States, and then Congress acts on the ap- 
plication. No previous assent is necessary. Call to mind the 
action of the Senate of the United States upon the proposition 
urged with so much ability and zeal by the late lamented Senator 
from Illinois (Mr. Douglas) in relation to the Kansas question. He 
desired to introduce a rule that should operate on all future Ter- 
ritories asking admission into the Union, that the consent should 
not be had after the organization of the Territory into a State 
by the adoption of a Constitution and the election of officers, but 
that Congress should, prior to any action taken by their people, 
pass what he was pleased to call an ‘‘enabling act.’’ But, Sir, the 
project fell still-born from the author. It has never been the 
practice of this Government before then or since, to act on the 
application of a State for admission, until the people of the pro- 
posed new State acted themselves, and transmitted to Congress 
with their application their Constitution. Why? Because one of 
the requirements of the Constitution is that the State to be ad- 
mitted into the Union must have a republican form of govern- 
ment. And how could Congress give its consent to the admission 
of a State without having before it the Constitution of the State 
to enable the members to judge of the form of government pro- 


230 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


posed for the new State—-to see whether it is such a Constitution 
and form of government as the Constitution requires and demands 
it to be? 

Thus the consent of Congress must come afterwards. There is, 
Sir, the same propriety that the assent of the Legislature should 
come after the act of the people-—The Legislature giving its assent 
to the organization of a government to be thereafter formed! The 
Legislature giving its assent to the separation of a people, from the 
State in which they have heretofore lived, before an official sense 
of that people has come up to them desiring a separation! There 
was an obvious propriety, in my humble opinion in the Legislature 
refusing at its last session this assent.—While I, if I had been a 
member of the body, might have voted for it, for the 
purpose of hurrying this thing on, and while it might 
have been repealed at its very next session, after the 
vote of the people had been taken upon the Consti- 
tution, and might have been held for naught, yet I say, 
entertaining the convictions that I do that three-fourths of the 
people within this boundary desire a new State. I might have been 
the foremost of those who desired the Legislature to give its assent. 
But it would not have been worth that (a snap of the finger :) 
liable to be repealed, taken back, at the very next meeting of the 
Legislature, and probably upon the formation of a form of govern- 
ment and of a return of the sense of the people, circumstances 
eould have shown an obvious propriety in withholding the assent. 

What is the language of the Constitution on this subject? Will 
my friend from Marion find in this Constitution the language I de- 
sire to quote? 

Mr. SmitH—With pleasure. 

Mr. Cartine—Then, Sir, there is another consideration. In times 
like these, when all the energies of the people are taxed for the 
great purpose of aiding the Government in its effort to crush re- 
bellion we should harass our people as little as possible, with ex- 
penses to be incured any way. Now, Sir, by the ordinances of this 
Convention, passed during its session in June, organized this govern- 
ment, every officer is limited in his term to six months, or until his 
successor shall be elected and qualified. There will, therefore, have 
to be within or near the period of time when we propose to call the 
people from their homes and ascertain their sense on this question, 
an election of some sort or other. 


THE PEOPLE’ oF NORTHWESTERN VIRGINIA IN 1861. 311 


But here is the clause of the Constitution in reference to the for- 
mation of new States; 

‘‘New States may be admitted by Congress into this Union, but 
no new State shall be formed or erected within the jurisdiction of 
any other State, or any such State formed by the junction of two 
States or parts of States without the consent of the Legislatures of 
the States, as welf*as of the Congress.’’ 

Is there anything in that provision to limit the action of the Con- 
vention in taking the initiatory steps to organize a separate State 
government, as to time or the manner in which it is to be done? 
. Surely not. Ascertain the sense of the people in your proposed 
boundaries, lay before them the form of government you expect to 
extend over them, and with this before them, let them say whether 
they desire it or not; and if they do, their servants in the Legisla- 
ture can give their consent. | 

Sir, you will remember that this Legislature, if recognized at all, 
is recognized as the Legislature, possessing all the powers that the 
Legislature of any State can exercise. That thing is fully, clearly 
decided by the Supreme Court in a case reported in Curtis’ report, 
familiarly known as the case of Luther vs. Borden. The decision 
says that the admission of representatives in Congress upon the 
floor of the Senate binds every other department of the Government, 
settles the question as to what is and who is the government of the 
State. This is the language of it. The question is settled. If you 
are the Legislature, if you do represent the State, and are recognized 
as such by the admission of Senators in Congress, then your legisla- 
tive capacity can never be questioned again by any department of 
the Federal Government. 2 

Now, Mr. President, there is a just expectation in the country on 
the part of the people we represent here, that this action will be no 
longer delayed. They are looking for it, waiting for it, expecting 
and demanding it. And I cannot for the life of me—it may be 
owing to my obtuseness of intellect that I cannot understand the 
mystery and pierce the clouds that are around and about me—but 
I cannot see any. reason why you should refuse to those you, repre- 
sent :—your masters, my masters, the legitimate sovereigns, the peo- 
_ple,—the right, in a form prescribed by you, to declare their wishes 

and will upon this subject. Why, Sir, should it be withheld? What 
is driving from our borders many of our people within its limit? 
And what is preventing thousands upon thousands of others from 


312 PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


coming amongst us? What is wanted to develop the immense de- 
posits of mineral wealth that fill our hills and with which our val- 
leys teem? A separate and independent existence—a position that 
nature has designed us to occupy. I said here last Spring that in 
five years, aye, Sir, I will say now that three years will not roll 
around until our population will be quadrupled, and there will be 
more people in the limits of the proposed boundary of the new State 
than there is in the whole State of Virginia today. Our neighbors 
in Ohio and Pennsylvania and our friends in many other States of 
the Union are all looking and anxious for it. I have lately received 
hundreds of letters making inquiry in regard to a separation. Ev- 
erywhere loyal hearts are beating to come and share with us the des- 
tiny we ought to provide for ourselves and which nature has de- 
signed for us, 1f we have but the manliness and are equal to lift 
ourselves to the circumstances that surround us. 

For centuries under the incubus of a false political philosophy, 
we have remained here, digging, almost in a _ primitive 
state, from the bowels of the earth the necessary means 
of support, while nature has filled us to overflowing 
with all the elements of wealth, seeking nothing in the 
world but the hand of industry to develop them and 
bring them into active use. Borne down by an eastern govern- 
mental majority, cut off from all connection or sympathy with a 
people with whom we have no commercial ties, we have endured the 
disastrous results that ever must flow from an unnatural connec- 
tion. Cut the knot now! Cut it now! Apply the knife! You are 
compelled to wait at best for a realization of your hopes some four 
or five months, and by that time the advancing columns of the na- 
tion’s army will have moved rebellion far beyond your borders, or 
they will have been stayed forever in their march.’’ (Loud ap- 
plause. ) 

SPEECH OF JUDGE CHAPMAN J. STUART. 


‘‘Mr. President :—I do not propose to discuss the merits of this 
question. I am sorry it is pressed upon the consideration of this 
body at this time. A bill on this subject will be reported at an 
early day by the Special Committee on a Division of the State 
and the question will then come up in due form. And, Sir, I do 
not want to see the hand of the Committee tied at this time by reso- 
lutions like these. I desire this Committee to be free to discuss the 


THE PEOPLE OF NORTHWESTERN VIRGINIA IN 1861. 313 


measures proposed in these resolutions without having any embar- 
rassment to contend with, or without having its hands tied by any 
proposition of this character. 

It strikes me, Sir, that the best way to dispose of these resolutions 
would be to lay them on the table. Let this Committee report. I 
presume it will report advisedly when it does, having a member 
from each county represented on this floor. They are preparing a 
report; let us have it. 

I would like very much, if I had not determined in the outset that 
I would not go into the merits of this question, to pay my respects 
to my friend from Harrison. I have been following him, Sir, for a 
long time.. He has assumed many positions. I wish to indicate 
to the Convention that I will make a motion to lay on the table be- 
fore I leave the floor. I am not prepared at this time to discuss the 


‘merits of this question. I did not anticipate it would be forced upon 
_ this body at this time. I supposed no one member would seek to 


tie the hands of this Committee by instruction, when the indication 
has been thrown out that a bill for dividing the State is about to 
be reported. 

But I have been following the gentleman for a long time. I have 
been a member with him in several Conventions and have supported 
him often, but I must be permitted to say here that if the gentleman 
in former Conventions had intimated the same things he has in this, 
he would have found one minus, at least, at a certain time. I have 
heard him often before, but never did I hear him hold out a single 
doubt as to the ability of this Government to sustain itself and put 
down this rebellion.—This is the first intimation of this kind. And 
now at a time when we should all be united, for our old stand-by 
and champion to come forward and intimate a doubt on this ques- 
tion— 

Mr. Cartite—‘‘ Mr. President, if the gentleman from Doddridge 
had attended to what I said with the same interest I listened to what 
he said, he would not have represented me as he has done. I said to- 
day what I have always said heretofore, that I believe this Govern 
ment would maintain the integrity of the Union; that I believe it 
would put down this rebellion; but I said, what he and all must 
know, if I had never said it, that there are things that take place 
sometimes that have not been anticipated in minds as feeble as mine; 
and I said there was a possibility—that the thing is possible—that 
the Government may not do what we believe they will, I give it as 


314 ‘PROCEEDINGS AND JOURNALS OF THE CONVENTIONS OF 


my belief, and it is worth no more than the belief of any one else, 
that they will put down rebellion; but it is possible I may be mis- 
taken. That was all I said; in other words, I granted it was pos- 
sible that I might be mistaken.’’ 

Mr. Stuart.—‘T fully understood the gentleman, Mr. President, 
and it is the first time that I ever heard him assert the possibility 
of anything of the kirid. He has been the most uncompromising for 
putting down this rebellion, and never yet had a possible doubt on 
the question.—Read his speeches, and you will never see a doubt 
expressed in the mind of the gentleman. Certain members of the 
Convention now present, know that the position occupied 
by the gentleman now, is one formerly presented before 
a certain body by myself—that there was always doubt 
—that there might be a_ possibility, you know; but that 
doubt was expressed by me before any reverse. in our 
arms had taken place, or was even anticipated. But at this stage of 
things, no man will ever find me expressing’ a doubt. It is not a 
time to do so. It is a time to lift ourselves above all personai feel- 
ings and motives, and look only at the great issue involved before 
our country. We should not be looking solely at Western Virginia’s 
interests. Our object should be to support the General Government 
in putting down this rebellion, and never for one moment hold out 
a doubt that the Government is to succeed.—I suppose the doubt 
in the mind of the gentleman, is the reason why he is pressing this 
matter prematurely, wanting to tie even the hands of the Committee 
to prevent it from reporting a bill. A doubt! Sir, let us have no 
doubts, there are no doubts about it. , 

Why, Sir, the gentleman’s resolutions propose to tie the hands of 
the Committee, and instruct not only this Committee, but the Com- 
mittee on Business, to report a Constitution and form of govern- 
ment for this new State, saying at the same time, that the State 
Legislature that was convened by act of this’ body, 
repudiated action on this subject at this time. He says 
this question should rise from the people. Well who are 
the people? Was not the State Legislature the people? 
Is not this Convention the people, or is it our constitu- 
ents, the gentleman appeals and refers to? If it is our constitu- 
ents, gentlemen, I want you to point me to a solitary act that ever 
authorized us to come here for the purpose of dividing the State and — 
forming a Constitution. If they have done so, then, Sir, I will be 


» ‘i ee 


THE PEOPLE oF NORTHWESTERN VIRGINIA IN 1861. 315 


with the people. If not, then I am for referring this question to 


the people and let them speak; and if they speak for a division, then 
Sir, | am willing for it. But I was not sent here for the purpose of 
dividing the State of Virginia, or making a constitution. The thing 
never was mooted before my people, but just the reverse. I came 


here to aid the General Government in putting down the rebellion 


and if it was not for that, I do not know what I came here for at 
all. 

I do not propose to go into the merits of the question raised by 
the gentleman from Harrison. I merely wish to indicate to you, 
why I think hasty or premature action at this time would embarrass 
the General Government in putting down this rebellion, and place 
us in a worse attitude even than we are in at present. I simply rose 
for the purpose of moving to lay these resolutions upon the table. 
Let the Committee that have this matter under consideration make 
their report, and do not tie their hands. I move to lay the resolu- 
tions upon the table.’’ ® 


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ADDENDA 


EVENTS OCCURRING IN THE HISTORY OF 


WEST VIRGINIA. 





FROM THE ADJOURNMENT OF THE SECOND CONVEN- 
TION OF THE PEOPLE OF NORTHWESTERN VIRGINIA, 
AUGUST 21, 1861, TO THE ADMISSION OF THE STATE 
INTO THE UNION, JUNE 20, 1863. 


1861 


In the ‘‘Ordinance to provide for the Formation of a 


August 20 new State out of a Portion of this State,’’ adopted by 


Oct. 24 


the Second Convention of the People of Northwestern 
Virginia, at its adjourned session; it was provided that 
an election should be held on the fourth Thursday, (the 
24th) of the ensuing October, to vote upon the question 
of the proposed new State. Poll-books were to be pre- 
pared under the direction of the Governor with two 
separate columns, one to be headed ‘‘For the New 
State,’’ the other, ‘‘ Against the New State.’’ The com- 
missioners were to be the same as those who conducted 
the election in the preceding May, and in addition to 
taking the vote on the question of the proposed new 
State they were to cause polls to be opened for the election 
of Delegates to a Convention to frame a, Constitution for 
the government of the new State, in case a majority of 
the votes cast should be in favor of its formation. The 
commissioners were to certify the result of the election 
to the Secretary of State; and the Governor was to 
make proclamation thereof, fixing therein Wheeling as 
the place, and November 26, 1861, as the date of the 
commencing of the Constitutional Convention.1 

In compliance with the requirement of Section Four of 
the ‘‘Orditance to provide for the formation of the new 
State out of a portion of the territory of this State,’’ 


1. See Ordinances of the Convention, pp. 17, 18, 19. 


318 


How West VIRGINIA Was MADE. 


adopted August 20, 1861, the election was held in all 
the counties named in the First Section of said Ordi- 
nance. The total number of votes cast was 18,889, of 
which 18,408 were in favor of the new State and 481 
against it.t 


Nov. 6 The returns of the election held October 24th, having 


Nov. 15 


Nov. 26 


been properly certified to Governor Pierpont, he issued 
his Proclamation calling the members elected, October. 
24th, to the Constitutional Convention to assemble on 
the 26th of November ensuing, in the United States 
Court Room, in the Custom House in Wheeling, for the 
purpose of organizing themselves into a Convention to 
form a Constitution to be submitted to the voters for 
ratification or rejection, within the bounds of the pro- 
posed new State.? 

Governor Pierpont issued a Thanksgiving Proclamation 
recommending the observance of Thursday, November 
28th, as a day of thanksgiving to Almighty God for the 


blessings of the year. In this he said: 


“In the midst of war and its afflictions, we are more 
forcibly reminded of our dependence upon Divine Provi- 
dence; and while in all we suffer we should own His chas- 
tening hand, we should be ready to acknowledge that it is 
of His mercy that we are not destroyed, and that so many 
of the blessings of life are preserved to us.” 


This was the first Thanksgiving Proclamation issued 
under the Restored Government of Virginia.® 
The Convention to frame a Constitution for the new 
State of KANAWHA assembled in the United States 
Court Room, and was ealled to erder by Chapman J. 
Stuart, a Delegate from Doddridge county. Forty dele- 
gates had been chosen in forty counties, and thirty-four 
of them were present. Before the Convention finally 
completed its work the names of sixty-one members ap- 
peared on its rolls. Hon. John Hall, of Mason county, 
was elected President; Ellery R. Hall, of Taylor county, 
Secretary ; and James C. Orr, of Ohio county, Sergeant- 


at-Arms. The organization was completed the first day 


and the Convention proceeded to the work before it.4 


I. See Hagans’ “Erection and Formafion of the State of West 
Viren pen 00. 
See Daily Inteiligencer of Wheeling, November 6, 1861. 
3. See Daily Intelligencer, November 16, 1861. 
4, See the Journa: of the Convention, pp. 8, 4, 5. 


How West VIRGINIA Was Mapkz. 319 


LIST OF MEMBERS OF THE FIRST WEST VIRGINIA CONSTITUTIONAL CON- 
VENTION WHICH ASSEMBLED AT WHEELING, VIRGINIA, NOVEMBER 
26, 1861, AND ADJOURNED FEBRUARY 18, 1862; TOGETHER WITH THEIR 
AGE, PLACE OF NATIVITY, OCCUPATION, COUNTY REPRESENTED, AND 
POST OFFICE ADDRESS: 


(REASSEMBLED FEBRUARY 12, 1863: AND ADJOURNED sine die, FEBRUARY 20, 1863.) 




















6 Name. Age. Nativity. | Occupation. County. Postoffice. 
1/Gordon Battelle............ 4? Ohio... Ley. Minister ......... Oey feat 2h Wheelitig:. 2.300) 
MPOMYE! Bates SOR RS., fic.0sec005 | sch 20> VAD UES af yciesade rhs ate astnah: Pendleton .../Franklin. 0” 
3|\James H. Brown........... 42 Virginia ...)Lawyer .......... Kanawha ...|Charleston...._. 
4| John J. Brown............ 35 Virginia ...|Lawyer ........... Preston 1) Kingwood ............ 
5|Richard L. Brooks........| 52 Virginia ...|Minister ......... Upshurs,.... Rock Caren iis 
6|Wm. W. Brumfield...... 33 Virginia ...)Farmer ........... Wayner ces: CeredG. sais 
7|/Elbert H. Caldwell...... 52 Virginia ...)| Lawyer ........... Marshall...... Moundsville......... 
8|Thos. R. Carskadon.....,) 24 Virginia ...|Farmer ........... Hampshire ..|New Creek Sta... 
9|James 8. Cassady......... 40 Virginia ...|Farmer .......... Fayette. ...... Fayetteville........ 
10/Henry D. Chapman...... 63 Mass ......... Physician........ Roane Spencer... ............... 
11/Richard M. Cook........... 40 Virginia ...|Farmer .......... Mercer.......:: Princeton.............. 
12|Henry Dering ............... 50 Virginia ...|Merchant........ are be bapa Morgantown......... 
fJonn A, Dille ....:.... ...... €0 Penn 0.5.24, Lawyer ........... Preston. .......Kingwood............. 
PAA OLE Y)..6.3f5..2.22.05- 44 Virginia ...|Farmer ........... Hardy. Greenland ............ 
MO TET RNV Ge CHLUISOIN 2 62.525 | sues cae, Joes copepsineess Physician........ Pocahontas ..|Greenbank............ 
ioeamuel T. Griffith ........)............ nA Ce 8 Physician........ Masoris, 2.1 W. Columbia........ 
Prmopert Magar ...........:... 51 Virginia ...|Minister ......... Boone........... Boone EDS aa ee 
18\Hphraim B Haill........... 39 Virginia ...|Lawyer ........... Marionun, on Pairmonty 26k 
POP D EN CULL ate ec sie incon oeces Do reland. (armen yen.,.-.. WEASOIa. ait yek Point Pleasant ..... 
20/Stephen M. Hansley.....| 42 Virginia .../Farmer ........... Raleigh ...:..... Riarshe se or i 
91/Thomas W. Harrison...| 37 Virginia ....Lawyer........... Harrison...... Clarksburg ........... 
22|Hiram Haymond........... 55 Virginia SA Aree Hops Marion......... Palatine is sad. 3) 
93! James Hervey............... ri WG jab uae eam Lawyer ........... Brooke.......). Wellshurg ei 4 
Pe ee ELOUECK «) o.s0-25 «00508 2b bVircini a. beachers 2... McDowell.....;Peeryville ............ 
25|Joseph Hubbs ............... DEP OUD 0 ies Farmer 73... Pleasants .....|St. Marys.............. 
OAODEEU LT VINE) «.c.00.-.05e0e0 4% Virginia.) \Lawyer’........... ewts 0.4. Weston titer tain 
DFTA LG AIUD fi iecesses casens Olen ae aw yeresdce. ODIO. oss ce Wheeling .............. 
meatier WW) Taiiclk..:.....:.....-+: 49 Virginia ...|Lawyer ........... Weitzel ......... Martinsville ......... 
Oe STATION Nie ..c. cones cease 45 Maryland..|Farmer ........... Jackson........ Ravenswood......... 
30/Andrew Mann................ 28 Virginia ...|Farmer ........... Greenbrier...|Falling Springs... 
Ponies COULCHCH .),..3)se.s..2+. Virginia ...|Farmer ........... Nicholas ...... Summersville ...... 
39|/Dudley 8S. Montague.....| 61 Virginia ...| Hotel keeper...;Putnam........ Red House Sh’]s... 
33|Emmett J. O’ Brien...... 42 Virginia ...|Mechanic........ Barbour 0). Burnersville......... 
34|Granville Parkev........... Ol Mass. 27: .4:. Liaw yeF i,-2..... Cael. acu... Guyandotte........... 
35|James W. Parsons......... 49 Virginia ...)Farmer ........... TUCKER: Qs) St. George ..03....50. 
36|James W. Paxton......... 40 Virginia SS Merchanitihce.. ONTO Fonda Wheeling .............. 
UMMM Se DESTRN LD 6! yc bad nde cs evtstatis debs va dge) cin dap Mab dcob qed ddee ds AG DST Te Ra Rae eae ae og 
38| Joseph S. Pomeroy........ 40 Penn......... Minister ......... Hancock ...:.. Fairview if.) Uha. 
39| John M. Powell ............ 36 Virginia ...| Minister ......... Harrison .....; West Milford ........ 
CU e! a 870) 05 18100) «ee ee eee ViToiniage earner wages. GGLIVO UI oie alisie a cee ane Setee 
PT MENTE SPL CS re Sec an ali csecpse gens chaos ovndces ees Meachernw CUO a eas West Liberty........ 
492|Lewis Ruffner............... 64 Virginia ...\Salt Manf’r.....|K anawha...../Kan. Salines......... 
43\|Kadward W. Ryan. .........|.......-- Virginia ...|Minister ......... Fayette....... |Fayetteville......... 
44/\Geo. W. Sheetz.............. 38 Virginia ...|Carpenter........ Hampshire ..|Piedmont.............. 
45| Josiah Simmons............ Ag Vircinia iParmer sh...) Randolph.....;Leedsville ............ 
46|Harmon SIMSel Wee lcaess. 44 Virginia ...;Carpenter........ (PA VLOr eves Pruntytown.......... 
47|Benjamin H. Smith...... 62 Virginia ...;Lawyer........... Logan........... Charleston.........:.. 
48|Abram D.Soper ............ 66 New York Liaw yerr.se: 5... (Vera ta.e.: Sistersville ........... 
49|Benj. L. Stephenson.....}). 35 Virginia ....Farmer ........... CB Males cath oa. LS hye OA DCR ar 
50|Wm. E. Stevenson........ 40 Penn......... Farmer’. .3.5... WVIOOOL dite. bi: Parkersburg......... 
51|Kenjamin F.Stewart...| 52 New York|Merchant........ WET mete Newark...) oi...5008 
52|\Chapman J. Stuart ...... 41 Virginia ...|Lawyer........... Doddridge ...| West Union.......... 
53|Gustavus F. Taylor...... 26 Virginia ...|Lawyer........... Braxton........ Braxtons@. Hien. = 
54|Moses Titchenel.. ......... 54 Virginia ...|Minister ......... Marion ss. PAITINGNG us. cases 
55|Thomas H. Trainer...... 42 Virginia ...|Minister ......... Marshall..... |Cameron............... 
56|Peter G. Van Winkle...| 53 New York|Lawyer........... WO0G . Ue te. Parkersburg......... 
57| William Walker............ 34 Virginia ...,Lawyer........... Wyoming......|Oceana............5:.003 
58|William W. Warder......| 40 Virginia ...|Farmer ...»....... Giimier foie ELOY <2) fsangnvensss.aee 
59| Joseph S. Wheat........... |......... MAPRTIE Sy cu eure ovottats. Morgan ........ Berkeley Spr’g’s.. 
60|Waitman T. Willey...... 50 Virginia ....Lawyer........... Monongalia..|Morgantown......... 
61/Andrew J. Wilson......... 60: Virginia, .../F'armer ........... Ritchie......... Pennsboro ............ 
I GN a a 
mtn eMALL, Point Pleasant, Mason County... 0 tence acces eee cee. President 
ELLERY R. HALL, Pruntytown, PaAyvdOrh COUDTM apiece tusks becd «dre csete. cis ithe cxeise Secretary 
Peewee. ORR, Wheeling, Ohio County... 6... csc c eee te eee ee Sergeant-at-Arms 


320 


Dec. 2 


1862 
Feb. 18 


How West VIRGINIA Was MADE. 


The first General Assembly under the Restored Govern- 
ment of Virginia commenced its first regular session, in 
the Linsly Institute in Wheeling. The organization 
made at the extra session in the preceding July was con- 
tinued. Daniel Polsley, Lieutenant-Governor, and ex 
officio President of the Senate, presided over that body ; 
William Lewis was clerk; Jesse 8S. Wheat, Sergeant-at- 
Arms; D. V. Thorp, Doorkeeper; and Alexander Camp- 
bell, Page. In the House of Delegates, Daniel Frost, of 
Jackson county, was Speaker; Gibson Lamb Cranmer, 
Clerk; Evans D. Fogle, Sergeant-at-Arms; James QO. 
Hawley, First Doorkeeper; and James Musgrave, Sec- 
ond Doorkeeper. The session closed February 13, 1862,° 


The Constitutional Convention adjourned having fram- 
ed a Constitution for the proposed new State of West 
Virginia, the name having been changed from that of 
‘“Kanawha,’’ by the Convention on the 3d of the preced- 
ing December. A SCHEDULE attached to this Con- 
stitution, designated John WHall, of Mason county; 
James W. Paxton, of Ohio county; Peter G. Van 
Winkle, of Wood county; Elbert H. Caldwell, of Mar- 
shall county; and Ephraim B. Hall, of Marion county, . 
Commissioners, whose duty it was to cause the Consti- 
tution and Schedule to be published in such newspapers 
printed within the proposed State as they deemed 
proper. 

Poll-books were to be prepared by them for use at the 
precincts in the forty-four counties proposed to be included 
therein. These were to have two separate columns; one to 
be headed “For the Constitution,’ and the other, “Against 
the Constitution.’”—The same persons to superintend this 
election as conducted that of the preceding October. Elec- 
tion was to be held on the first Thursday (the 3d.) in April, 
ensuing. Al! qualified voters under the proposed Coissti- 
tution were entitled to vote upon the question of its adoption 
or rejection; and the Commissioners were required to pro- 
vide for taking the vote at the time of said election, of such 
voters as were in the Army of the United States either in 
or beyond the boundaries of the proposed State. Poll- 
books were to be returned to the clerks of the several coun- 
ties, and the Commissioners were required to ascertain the 
result and certify the same to the Governor. If the election 
insured the adoption of the Constitution by the voters of the 


forty-four counties first mentioned in the second section of 
the first article of the Schedule, they, the Commissioners, 


5. See Journals of the Senate and House of Delegates, pp. 34, 35, 36. 


How WEst Virncinta Was MApr. OZ 


were to request the said Governor to convene the General 
Assembly in extra session and request it to give, by act, its 
consent, according to the Constitution of the United States, 
to the formation and erection of the State of West Virginia 
and forward to the Congress of the United States, such con- 
sent together with an official copy of the Constitution, with 
the request that the State of West Virginia may at once be 
admitted into the Union. Section Hleven of the Schedule, 


eprovided that the Commissioners “have power if deemed 


necessary, to reconvene the members of the Constitutional 
Convention on such day as they may prescribe’—See Sched- 
ule attached to Constitution, pp. 28, 29, 30. Appendix to 
Journal of the Convention. 


April 3 This was the date fixed for the vote on the question of 


the adoption of the Constitution for the new State of 
West Virginia. The full vote cast by counties is not 
available but the following exhibits the unanimity of sen- 
timent existing at the time: | 














NAMES OF For For NAMES OF For For 
COUNTIES. Adoption. | Rejection COUNTIES. Adoption | Rejection 
SAT DOUT er ees ices cc. BOO artes th ney TING CHOLAG a e4 yas seen g Bo Mal ere oe eee ae Pa | 
PDOTIO ect a Gidulsevsisaess 71 1 LTO Re PROS Oe AS. 954 23 
ER POOMOs ee eet iesh crosses cee 292 AB NiPIGASAMtS. cscs. 322 2 
“CUGIY OWS ae ctehig aah ee Mens EP EStOMMp cnet 1,466 11 
Doddridge................... 510 ify dilllceee Ces ted ahes GE ee ee ee Wel (ia lace ee ae: 
HIRO T eter veticks ces: 168 los, HHL earl oC) oS Ce RR en ain 601 6 
Hancock 225 ice WINO DIOL eeea yh hatte wu kor DAV IE ea a ee Ne: 
BOSOM Ora secs esse 459 De VEC Kerem kota: 513 15 
CECE IG I d wG Ie Sa a 909 COMA eid Vand 4 ¥ 2h? eet ae ee 696 10 
t Liph a Gio Sage aa 443 HE WILDS STINE bee bak ee ee 489 9 
UCL ee lee ets. doe eeetss 1,053 Saat WeUZe li mea este. 491 14 
UA SOU ree vecs chek aicas fess. 639 pet AW a tin th peice CANE enon aD i 314 3 
Mononealian:.).ti..2.28... 1,148 NPV OOP eee eee 1,296 26 





Other counties together with these brought the total 
vote up to 19,376, of which 18,862, were for adoption 
and 6514 for rejection. At this time there were from 
twelve to fifteen thousand men from the new State in 
the Federal Army and from three to five thousand in 
the Confegerate Army.® 


April18 The Commissioners named in the Schedule having cer- 


tified the result of the election to Governor Pierpont, he 
this day in compliance with the requirement of said 
Schedule, issued a Proclamation convening the General 
Assembly at the city of Wheeling at eleven o’clock A. 
M., on the 6th of May ensuing, that he might lay before 
it a certified original of the Constitution, and ask for 





6. See Hagans’ “Erection and Formation of West Virginia,” p. 73. 
Also the Daily Intelligencer of Wheeling for the month of April, 1862. 


322 


How West VIRGINIA Was MADE. 


its consent, according to the Constitution of the United 
States, to the formation and erection, as proposed, of 
the State of West Virginia.’ 


April 30 As is well known, the Second Convention of the People 


May 6 


of Northwestern Virginia, at its first session, June 20, 
1861, elected Francis H. Pierpont, chief executive of 
Virginia as the head of the Restored Govern- 
ment, as the successor of Governor John Letcher of Vir- 
ginia. The fourth Tuesday in May 1862, was the date 
of the General State election under the laws of the 
Commonwealth which «were being observed and 
executed by the Restored Government. Now a suc- 
cessor to Governor Pierpont was to be elected. As early as 
the 7th of April, this year,a convention in Marion County 
endorsed Governor Pierpont for re-election. On the 
same day a convention in Mason county endorsed the 
re-election of Governor Pierpont; of Daniel Polsley, the 
Lieutenant-Governor; and of James 8S. Wheat, the Attor- 
ney-General. Similar action was taken in other coun- 
ties and on April 30th a Delegate Convention represent- 
ing a number of these, assembled at Clarksburg and 
unanimously renominated Pierpont, Polsley and Wheat 
for the respective offices held by them.’ 

The General Assembly convened in its second extra 
session, at Wheeling, in pursuance of Governor Pier- 
pont’s Proclamation of the 18th of April. Daniel Pols- 
ley, Lieutenant-Governor, presided in the Senate and 
Daniel Frost in the House of Delegates. The message 
of the Governor was received. It was a remarkable State 


Paper. In it he said: 


“T have convened you in extra session, the BE AS: object 
of which is, to take final action in the proposed division of 
the State of Virginia as far as the Legislature is concerned.” 
He reviewed the history of the Convention which framed the 
Constitution, and added: “The Constitution of the United 
States provides that no new State shall be formed or erected 
within the jurisdiction of any other State, without the con- 
sent of the Legislature of the State concerned, as well as of 
the Congress. Therefore to complete the work which has 
been commenced, of the division of the State, it requires the 
consent of the Legislature of Virginia and the assent of Con- 
gress. Of course your honorable body will take such action 
in the premises as shall seem meet to you. 

7. See Wheeling Daily Intelligencer, April 19, 1862. 
8. See Daily Intelligencer for April 9, 15, 24, 26, and May 8, 5. 


. 2 


May 13 


How WEst VirGiniA Was Mapp. 323 


Perhaps, J have performed my duty in submitting the mat- 
ter to you without saying more. But I am not willing to 
leave the question here. It is urged by some that the move- 
ment is revolutionary. Those who urge this objection, do 
not understand the history, and geography and social re 
lations of our State. Geographically, the East is separated 
from the West by mountains which form an almost im- 
passable barrier, as far as trade is concerned. The barrier is 
so great that no artificial means of intercourse has ever been 
made beyond a mud turnpike road. All the trade and com- 
merce of the West is with other States, and not with Kastern 
Virgina. The two sections are entirely dissimilar in their 
social relation and institutions. While the East is largely 
interested in slaves, the West has none and all the labor is 
performed by free men. The mode and subjects of taxation 
in the State have been a source of irritation and indeed of 
strife and vexation, between the two sections for many years 
past, as well as that of representation in the Legislature. The 
subject of the division of the State has been agitated at one 
time and another ever since I can remember.’’9 


The General Assembly passed ‘‘An Act giving the as- 
sent of the Legislature of Virginia to the Formation and 
Erection of a new State within the jurisdiction of this 


State.’’? Section 1, reads as follows: 


“Be it enacted by the General Assembly, That the consent 
of the Legislature of Virginia be, and the same is hereby 
given to the formation and erection of the State of West Vir- 
ginia, within the jurisdiction of this State, to include the 
counties of Hancock, Brooke, Ohio, Marshall, Wetzel, Marion, 
Monongalia, Freston, Taylor, Tyler, Pleasants, Ritchie, Dodd- 
ridge, Harrison, Wood, Jackson, Wirt, Roane, Calhoun, Gil- 
mer, Barbour, Tucker, Lewis, Braxton, Upshur, Randolph, 
Mason, Putnam, Kanawha, Clay, Nicholas, Cabell, Wayne, 
Boone, Logan, Wyoming, Mercer, McDowell, Webster, Poca- 
hontas, Fayette, Raleigh, Greenbrier, Monroe, Pendleton, 
Hardy, Hampshire, and Morgan, according to the boundaries 
and under the povisions set foth in the Constitution for the 
said State of West Virgina and the Schedule thereto annex- 
ed, proposed by the Convention which assembled at Wheel- 
ing, on the twenty-sixth day of November, eighteen hundred 
and sixty-one.” 


It was further provided that thé counties of Berke- 
ley, Jefferson and Frederick, might form a part of the 
State of West Virginia whenever the voters thereof 
should ratify the Constitution. Also, that copies of this 
Act, with a certified original of the Constitution and 
Schedule should be transmitted to the Senators and Rep- 
resentatives in Congress from the Restored Government 
of Virginia, with the request that they use their endeav- 
ors to obtain the consent of Congress to the admission of 
the State of West Virginia into the union.!® 


; 9. See the Duily Intelligencer May 7, 1862. Also Journal of the 
House of Delegates, Extra Session, 1862. 

10. See Acts of the General Assembly under the Restored Govern- 
ment, p. 3. 





324 


May 14 


May 22 


May 28 


How West VIRGINIA Was MADR. 


Governor Pierpont, acting in pursuance of an ordinance 
adopted June 19, 1861, and of an Act of the General 
Assembly passed July 26, 1861, issued a Proclamation, 
requiring all officials, before entering upon their duties, 
to take the oath or affirmation prescribed in said Ordi- 


nance and Act; this being as follows: 


“I solemnly swear (or affirm) that I will support the Con- 
stitution of the United States, and the laws made in pursu- 
ance thereof, as the supreme law of the land, anything in the 
Constitution and laws of the State of Virginia, or in the or- 
dinaces of the convention which assembled at Richmond on 
the 18th of February 1861, to the contrary notwithstanding; 
and that I will uphold and defend the government of Vir- 
ginia as vindicated and restored by the Convention which 
assembled at Wheeling on the 11th day of June, 1861.”11 


All‘eyes were now turned towards Washington City, 
where were centered the fondest hopes of the friends of 
the new State. It was the Second Session of the Thir- 
ty-seventh Congress, and the Virginia members, under 
the Restored Government, were Waitman T. Willey 
and John 8. Carlile in the Senate; and Kellian V. 
Whaley, Wiliam G. Brown and Jacob B. Blair, mem- - 
bers of the House of Representatives. The Commis- 
sioners named in the Schedule of the Constitution, viz: 
John Hall, James W. Paxton, Peter G. Van Winkle, 
Elbert H. Caldwell and Ephraim B. Hall proceeded to 
Washington. They were accompanied by other prom- 
inent new State men; among whom were Harrison Ha- 
gans of Preston county, Granville Parker of Cabell 
county and Daniel Polsley of Mason county. On their 
arrival at the National Capital, all were introduced by 
Hon. Ralph Leete, of Lawrence county, Ohio, to the Sen- 
ators and Representatives of that State.” 

Waitman T. Willey gave notice to the Senate that, with 
the permission of that body he would, on the next day, 
present documents relating to the admission of the new 
State of West Virginia into the Union.® 


May 29 Hon. Waitman T. Willey, in the Senate, presented a 


certified original of the Constitution, together with a 
copy of the Act of the General Assembly of Virginia, 
under the Restored Government, giving its permission 


11. See Daily Intelligencer, May 15; 1862. 

12. See statement in Lewis’ ‘‘History of West Virginia,’ based on 
correspondence with Hon. John Hall, p. 382. 

13. See Congressional Globe, Part III, 2d Sess. 37th Cong., p. 2394. 


= 


How West VIRGINIA Was MADRE. ava 


to the formation of a new State within the Common- 
wealth of Virginia, and the Memorial of that body re- 
questing the Congress to admit the said State of West 
Virginia into the Union.!4 
June 3 William G. Brown presented in the House of Represen- 
tatives duplicates of the same documents that Mr. Wil- 
ley had presented in the Senate on May 29th. His 
object was to hasten action by having the subject con- 
sidered in both branches of Congress at the same time. 
dune 23 At the time that Senator Willey submitted the Consti- 
tution of the new State with the Act of the General As- 
sembly of Virginia, giving its permission for the forma- 
tion of West Virginia, these documents were referred to 
the Committee on Territories, of which Benjamin F. 
Wade, of Ohio, was Chairman. He, on this date, re- 
ported ‘‘Senate Bill No. 365, providing for the admission 
of West Virginia into the Union and for other pur- 


poses.’’ This was as follows: 


SHAP. VI.—AN ACT FOR THE ADMISSION OF THE 
STATE OF “WEST VIRGINIA” INTO THE 
UNION, AND FOR OTHER PURPOSES. 

WHEREAS. the people inhabiting that portion of Virginia, 
known as West Virginia did, by Convention in the city of 
Wheelng on the 26th of November, 1861, frame for them- 
selves a Constitution with a view of becoming a separate 

and independent State; and 

WHEREAS, at a general election held in the -coun- 
ties composing the territory aforesaid on the _ third 
day of May last, the said Constitution was approved 
and adopted by the qualified voters of the proposed State; 
and 

WHEREAS, the Legislature of Virginia by .an act passed 
on the thirteenth day of May, eighteen hundred and sixty- 
two, did give its consent to the formation of a new State 
within the jurisdiction of the State of Virginia, to be known 
by the name of West Virginia, and to embrace the following 
named counties, to-wit: Hancock, Brooke, Ohio, Marshall, 
Wetzel, Marion, Monongalia, Preston, Taylor, Tyler, Pleas- 
ants, Ritchie, Doddridge,,Harrison, Wood, Jackson, Wirt, 
Roane, Calhoun, Gilmer, Barbour, Tucker, Lewis, Braxton, 
Unshur, Randolph, Mason, Putnam, Kanawha, Clay, Nicholas, 
Cabell, ‘Wayne, Boone. Logan, Wvoming, Mercer, McDowell, 
Webster, Pocahontas, Fayette, Raleigh, Greenbrier, .Monroe, 
Pendleton, Hardy, Hampshire, and Morgan; and 

WHEREAS, both the Convention and the Legislature afore- 
said heve requested that the new State should be admitted 
into the Union, and the Constitution aforesaid being republi- 
can in form, Congress does hereby consent that the said forty- 
eight counties may be formed into # separate and inde- 
pendent State. Therefore— 

14. See Cong. Globe, Part III, 2nd Sess. 37th Cong., p. 2415. 

15. See Cong. Globe, Part III, 2nd Sess. 37th Cong., p. 2526. 


326 How West Vircinia Was Maps. 


SEc. 1. Be it enacted dy the Senate and House of Represen- 
tatives of the United States of America in Congress assem- 
bled, That the State of West Virginia be, and is hereby, de- 
ciared to be one cf the United States of America, and admit- 
ted into the Union on an equal footing with the’ original 
States in all respects whatever, and until the next general 
census, shall be entitled to three members in the House of 
Representatives of the United States; Provided, always, That 
this act shall not take effect until after the proclamation of 
the President of the United States hereinafter provided for. 

It being represented to Congress that since the Conven- 
tion of the twenty-sixth of November, eighteen hundred and 
sixty-one, that framed and proposed the Constitution for the 
said State of West Virginia, the people thereof have ex- 
pressed a wish to change the seventh section of the eleventh 
article of said Constitution by striking out the same and 
inserting the following in its place, viz: “The children of 
Slaves born within the limits of this State after the 
fourth day of July, eighteen hundred and sixty-three, shall 
be free; and that all slaves within the said State who shall, 
at the time aforesaid, be under the age of ten years, shall be 
free when they arrive at the age of twenty-one years; and 
all slaves over ten and under twenty-one years shall be 
free when they arrive at the age of twenty-five years; and 
no slave shall be permitted to come into the State for per- 
manent residence therein:” Therefore— . : 

Sec. 2. Be it further enacted, That whenever the people 
of West Virginia shall, through their said Convention, and 
by a vote to be taken at an election to be held within the 
limits of the said State, at such time as the Convention 
may provide, make and ratify the change aforesaid, and 
properly certify the same under the hand of the president 
of the Convention, it shall be lawful for the President of the 
United States to issue his proclamation stating the fact, and 
thereupon this act shall take effect and, be in force from 
and after sixty days from the date of said proclamation.16 


This Bill was read the first time and ordered to a sec- 

ond reading.’ | 
June 26 Senator Wade moved to take up ‘‘Senate Bill No. 365,’’ 
and this was done. It was read a second time and con- 
sidered as in Committee of the Whole. There was ex- 
tended discussion, but the Bill was passed to its third 

reading.!® 

July 14 Again Senator Wade moved to take up ‘‘Senate Bill 
No. 365,’’ The motion prevailed and the report of the 
discussion which ensued, covers twelve quarto pages in 
the ‘‘Globe’’. That day Lafayette S. Foster of Connect- 
icut, occupied the chair pro tem in the absence of Vice- 
President Hamlin. At length a vote was reached; Laz- 


arus W. Powell of Kentucky, demanded the yeas and 
PES. 


16. See Statutes at Large of the United States of America, passed 
at the third session of the Thirty-seventh Congress; 1862-63. Chap. VI, 
pp. 6338, 634. 

17. See Cong. Globe, Part III, 2d Sess. 37th Cong. pp. 2941, 2942. 

18. See Cony. Globe, Part III, 2d Sess. 37th Cong. pp. 2941, 2942. 





July 15 


How West VirGinta Was Mabe. Bet 


nays, and they were ordered. John W. Forney called 
the roll: 


Those voting vea were— 

Henry B. Anthony and James F. Simmons of Rhode Island; 
Daniel Clark and John P. Hale of New Hampshire; Jacob 
Collamer and Solomon Foot of Vermont; William Pitt Fes- 
senden and Lot M. Morrill of Maine; Lafayette S. Foster of 
Connecticut; Henry Wilson of Massachusetts; Ira Davis of 
New York; Jobin C. Ten Eyck of New Jersey; John Sherman 
and Benjamin F. Wade of Ohio; James W. Grimes and 
James Harlan of Iowa; Timothy O. Howe of Wisconsin; 
Henry S. Lane of Indiana; James H. Lane and Samuel C. 
Pomeroy cf Kansas; Henry M. Rice and Morton S. Wilkinson 
of Minnesota; Waitman T. Willey of Virginia. 

A total of 22 votes. 

Those voting ney were-— 

James A. Bayard and William Saulsbury, of Delaware; Or- 
ville H. Browning and Lyman Trumbull of Illinois; John 
S. Carlile of Virginia; Zachariah Chandler and Jacob M. 
Howard of Michigan; Anthony Kennedy of Maryland; Pres- 
ton King of New York; Edgar Cowan of Pennsylvania; Gar- 
rett Davis and Lazarus W. Powell of Kentucky; James A. 
McDougall of California; Benjamin Stark of Oregon; Charles 
Sumner of Massachusetts; Robert Wilson of Missouri; 
Joseph A. Wright of Indiana. 

A total of 17 votes. . 

Those not voting were— 

James Dixon of Connecticut; John R. Thompson of New 
Jersey; David Wilmot of Pennsylvania; James A. Pearce of 
Maryland: James W. Nesmith of Oregon; Milton S. Latham 
of California: John B. Henderson of Missouri; James R. 
Doolittle of Wisconsin. 

A total of 8 votes.19 


Thus it is seen that the Senators from Rhode Island, 
Vermont, Maine, Ohio, Kansas, Jowa, and Minnesota 
voted for the Bill; while those from Keutucky, Illinois, 
and Michigan voted against; and those from New York, 
Massachusetts, Indiana and Virginia were divided. The 
most earnest friends of the Bill in the Senate were 
Willey, Wade, Collamer, Hale, Fessenden, Ten Eyck, 
Pomeroy, Lane of Kansas, and. Wilkinson. The most 
active in their opposition were Carlile, Bayard, Trum- 
bull, Wilson and Sumner. | 
On this date, William Hickey, chief ler of the Senate, 
appeared at the bar of the House of Representatives, 
and informed that body that the Senate had passed 
Senate Bill No. 365, entitled ‘‘An Act for the Admis- 
sion of West Virginia into the Union and for other Pur- 
poses ;’’ and he requested the concurrence of the House 
therein.” 


19. See Cong. Globe, Part III, 2d Sess., 37th Cong., pp. 3307-3320. 
20. See Cong. Globe, Part III, 2d Sess. 37th Cong. p. 2362. 


328 


July 16 


Dec. 10 


How West VIRGINIA Was MADE. 


Senate Bill No. 365 came up for consideration and was 
read a first and second time. John A. Bingham, of 
Ohio, moved to put the Bill on its passage; Joseph EH. 
Segar, of Virginia, objected to its third reading and 
moved to lay it on the table. This the House refused 
to do, by a vote of seventy nays to forty-four yeas. Then, 
on motion of Roscoe Conkling, of New York, the further 
consideration of the Bill was postponed until the second 
Tuesday in the following December.” 

The Thirty-seventh Congress reassembled in its Third 
Session December Ist. At noon on Tuesday, the 9th, 
ensuing, John A. Bingham obtained the floor and de- 
manded the regular order of business. ‘‘The regular 
order of business,’’ said the Speaker, “‘is the consider- 
ation of Senate Bill No. 365, pending for the Admission 
of West Virginia into the Union.’’ Bingham asked 
that it be put upon passage. Then ensued a discussion, 
the report of which covers eighteen quarto pages of the 
‘“Globe.’? Debate closed on the 10th; the Bill was read 
a third time; Charles A. Wickliffe, of Kentucky, . de- 


manded the yeas and nays; the demand was sustained. 


Those who voted yea were— 

Cyrus Aldrich and. William Windom of Minnesota; Isaac 
N. Arnold, William: Kellogg, Qwen Lovejoy and Hlihu B. 
Washburn of Illinois; Elijah Babbitt, Samuel S. Blair, 
James H. Campbell, John Covode, William M. Davis, James 
T. Hale, John Hickman, William D. Kelley, John W. 
Killinger, William IH. Lehman, Robert McKnight, Hdward 
McPherson, James K.’ Moorehead, John Patton, Thaddeus 
Stevens and John P. Verree of Pennsylvania; William P. 
Sheffield of Rhode Island; Stephen Baker, Jacob P. Chamber- 
lain, Ambrose W. Clark, Frederick A. Conkling, R. Holland 
Duell, Alfred Ely, Reuben E. Fenton, Richard Franchot, 
Augustus Frank, Edward Haight, William E. Lansing, 
Abram B. Olin, Theodore M. Pomeroy, Charles B. Sedwick, 
Socrates N. Sherman, Eldridge G. Spaulding, Burt Van Horn, 
Robert B. Van Valkenburg, Charles H. Van Wyck and ‘Wil- 
liam Wall of New York; Portus Baxter and Justin S. Morrill 
of Vermont; Fernando C. Beaman, Francis W. Kellogg and 
Rowland E. Trowbridge of Michigan; John A. Bingham, 
Harrison G. Blake, William P. Cutler, Sidney Edgerton, John 
A. Gurley, Richard A. Harrison, Valentine B. Horton, John 
Hutchins, Albert G. Riddle, Samuel Shellabarger, Carey A. 
Trimble and Samuel T. Worcester of Ohio; Jacob Beeson 
Blair, Kellian VY. Whaley and William Guy Brown of Vir- 
ginia: Alford A. Burnham and Dwight Loomis of Connecti- 
cut; Andrew J. Clements and Horace Maynard of Tennes- 
see; Schuyler Colfax, William McKee Dunn, George W. Ju 





21. See Cong. Globe, Part III, 2d Sess., 37th Cong., p. 3397. 


Dec. 11 


How WEst VIRGINIA Was MADE. 329 


lian, William Mitchell, Albert G Porter, John P. C. Shanks 
and Albert 3. White of Indiana; Thomas M. Edwards and Ed- 
ward H. Rollins of New Hampshire; Thomas D. Elliott, Sam- 
uel Hooper and Amasa Walker of Massachusetts; Samuel L. 
Casey of Kentucky; Samuel C. Fessenden, Thomas A. D. 
Fessenden, John N. Goodwin, Anson P. Morrill, Frederick A. 
Pike and John H. Rice of Maine; Frederick F. Low, Timothy 
G. Phelps and Aaron A. Sargent of California; John T. Nixon 
and John L. N. Stratten of New Jersey; John W. Noell of 
Misscuri; John F. Potter and A. Scott Sloan of Wisconsin; 
James F. Wilson of Iowa—in all ninety-six votes. 

Those who voted nay were— 

William Allen, James M. Ashbey; Samuel S. Cox, James 
R. Morris, Warren FP. Noble, George H. Pendleton, Clement 
L. Vallandigham and Chilton A. White of Ohio; John B. 
Alley, Charles Delano, Daniel W. Gooch, Alexander H. Rice, 
Benjamin F. Thomas and Charles R. Train of Massachusetts; 
Sydenham E. Ancona, Joseph Bailey, Charles J. Biddle, 


. Philip Johnson, John D. Stiles and Hendrick B. ‘Wright of 


Pennsylvania; George T. Cobb and William G. Steele of 
New Jersey; Roscoe Conkling, Isaac C. Delaplain, Alexander 
S. Diven, James E. Kerrigan, Moses F. Odell, Edward H. 
Smith, John B. Steele and Elijah Ward of New York; Martin 
EF. Conway of Kansas; James A. Cravens, William S. Holl- 
man, John Law and Daniel W. Voorhees of Indiana; John W. 
Crisfield and Francis Thomas of Maryland; John J. Critten- 
den, George W. Dunlap, Henry H. Wadsworth, Aaron Hard- 
ing, Robert Mallory, John ‘W. Menzies, William H. Wads- 
worth, Charles A. Wickliffe and George H. Yeaman of Ken- 
tucky; James HE. English of Connecticut; Bradley F. Granger 
of Michigan; William A. Hall, Elijah H. Norton, Thomas 
L. Price and James S. Rollins of Missouri; Anthony L. 
Knapp, William A. Richardson and James C. Robinson of 
Illinois; Joseph E. Segar of Virginia; George K. Shell of 
Oregor,— in all fifty-five votes.22 


The analysis of this vote presents some interesting 
facts. The representatives from Maine, six in number, 
voted solidly to admit West Virginia into the Union; in 
Illinois there were four votes for it and three against it; 
Pennsylvania cast sixteen for and six against; New York, 
twenty for and eight against; Ohio, twelve for and eight 
against; Indiana, seven for and five against; Massachu- 
setts, five for and six against; Missouri, one for and four 
against; while New Jersey divided equally—two yeas 
and two nays. 
Emerson Ethridge, of Tennessee, Clerk of the House of 
Representatives, appeared at the bar of the Senate, and 
informed that body that the Hovifse had passed Senate 
Bill No. 365, providing for the Admission of the State 
of West Virginia into the Union.” 


——an we 


22. See Cong. Globe, Part I, 3d Sess., 37th Cong., pp. 37-59. 
23. See Cong. Globe, Part I, 3d Sess., 37th Cong., p. 60. 


330 


Dec. 15 


Dec. 16 


Dec. 31 


1863 
Jan. 5 


Jan. 14 


How West VirGintA Was Mann. ‘ 
George T. Cobb, of New Jersey, from the Committee on 
Enrolled Bills, reported that it had found truly en- 
rolled an act (Senate No. 365) for the Admission of 
West Virginia into the Union.*4 

Emerson Ethridge Clerk of the House, informed the 
Senate that the Speaker of the House had signed Sen- 
ate Bill No. 365, providing for the Admission of West 
Virginia into the Union, and that he was directed to 
present. it to the Senate for the signature of its Presi- 
dent. Thereupon, the Vice-President signed the Bill, 
and it was delivered to the proper committee, to be 
presented to the President of the United States.” 


President Lincoln signed the Bill (Senate No. 365) for 
the Admission of the State of West Virginia into the 
Union, and for other Purposes. 


John G. Nicolay informed the Senate of the fact that 
the President had approved and signed Senate Bill No. 
365, for the Admission of the State of West Virginia 
into the Union, and for other purposes.” 


The President had signed the Bill providing for the 
admission of West Virginia, but the State was not yet 
a member of the Federal Union. In the certified origi- 
nal of the Constitution presented to Congress for the 
proposed State, the Seventh Section of Article XI, read 
as follows: 


“7. No slave shall be brought, or free person of color be 
permitted to come into this State for permanent residence.” 


This was the only reference to the ‘‘peculiar institu- 
tion’’ contained in it. ‘Congress was not satisfied with 
this, and required the said Seventh Section to be so 
changed as to provide for the gradual extinction of slay- 
ery as follows: 

“The children of slaves born within the limits of this 
State after the fourth day of July, eighteen hundred and 
sixty-three, shall be free and that all slaves within the said 
State who shall, at the time aforesaid, be under the age of 
ten years, shall be free when they arrive at the age of 


twenty-one years; and all slaves over ten, and under twenty- 
one years, shall be free when they arrive at the age of 





24. See Cong. Globe, Part I, 3d Sess., 37th Cong., p. 92. 
25. See Cong. Globe, Part I, 3d Sess., 37th Cong., p. 84. 
26 See Cong. Globe, Part I, 3d Sess., 37th Cong., p. 184. 


J an. 30 


Feb. 5 


How WEstT VIRGINIA Was MADE. BOL 


twenty-one years: and no slave shall be permitted to come 
into the State for permanent residence therein.” 


Section two, of the act providing for the admission of 
the state into the Union read as follows: 


“That, whenever the people of West Virginia shall, through 
their said Convention. and by a vote to be taken at an 
alection to be held within the limits of said State, at such 
time as the Convention may provide, make and notify the 
change aforesaid, and properly certify the same under the 
hand of the President of the Convention, it shall be lawful 
for the President of the United States to issue his procla- 
mation stating the fact and therefore this act shall be to 
effect and be in force from and after sixty days from the 
date of the said proclamation.” 


It will be remembered that in the Schedule attached 
to the Constitution, it was provided that the Com- 
missioners named therein were given power to reconvene 
the Convention that framed it, if it became necessary 
to do this. The necessity had arisen, and these Commis- 
sioners, on this date, issued a proclamation requiring the 
members of the Convention to re-assemble in the Custom 
House in the city of Wheeling, on the 12th day of Feb- 
ruary, 1862, to take into consideration the act of Con- 
gress entitled ‘‘An Act for the admission of the State of 
West Virginia into the Union, and for other Purposes. fees 


The members of the General Assembly held a meeting in 
the Hall of the House of Delegates on Friday evening 
for the purpose of adopting a plan of organization for 
the approaching election on the amended Constitution 
of West Virginia. Daniel Polsley, the Lieutenant-Gov- 
ernor, presided, and Leroy Kramer, of Monongaha 
county, was Secretary. A State Central Committee was 
appointed. Its members were Chester D. Hubbard, Dan- 
iel Lamb, Elbert H. Caldwell, Campbell Tarr, Alfred B. 
Caldwell, James W. Paxton, George McC. Porter, Jacob 
Berger, James S. Wheat, and George B. Martin. Then 
three prominent men in each county were named to 
compos a County Central Committee.”8 

The proclamation of the Commissioners provided for 
special elections to be held on this date for members of 
the Constitutional Convention in the counties of Green- 
brier, Monroe, Morgan, Pendleton and Pocahontas, not 





27. See Daily Intelligencer, of Wheeling, January 15, 1863. 
28. See the Daily Intelligencer, of Wheeling, February 4, 1863. 


332 


Feb. 12 


Feb. 19 


How West VIRGINIA WAS MADE. 


previously represented; and in Ohio county to fill the 
vacancy caused by the death of Gordon Battelle; one in 
Marion county caused by the removal of Hiram Hay- 
mond from the State; and another in Mason county, 
to fill a vacancy caused by the resignation of John Hall, 
the President of the Convention.” 
The Constitutional Convention re-assembled for the pur- 
purpose of making the change in the Constitution of 
the new State, required by Congress. A. F. Ross had 
been elected a member of the Convention from Ohio 
county, to fill.a vacancy caused by the death of Gordon 
Battelle; David S. Pinnell of Upshur county, elected 
to fill vacaney resulting from the resignation of R. L. 
Brooks; Joseph S. Wheat, a member from Morgan 
county, hitherto unrepresented; John L. Boggs, of Pen- 
dleton county, not previously represented; J. Robin- 
son, of Calhoun county, it having no representative here- 
tofore; Andrew Mann appeared and took his seat as a 
representative from Greenbrier county; Rev. Moses 
Tichenel, of Marion county, to fill vacancy caused by 
the removal of Hiram Haymond from that county, who 
thereby vacated his seat; James H. Brown of Kanawha 
county, re-elected to fill vacancy resulting from his own 
resignation; Dr. Samuel T. Griffith, of Mason county, 
appeared as the successor of John Hall, President of 
the Convention, whose resignation was read and Abraham 
D. Soper, of Tyler county, elected to the Presidency.” 
It was evident to all that the inauguration of the Gov- 
ernment of West Virginia was near at hand, and on 
Thursday evening—this date—promient men from all 
over the State held a meeting in Wheeling for the pur- 
pose of taking the initiative in having a general Con- 
vention of delegates from all the counties to ‘nominate 
eandidates for State officers at the election soon to be 
held under the new Constitution. Judge Abraham D. 
Soper, of Tyler county, presided. All present were 
united in the opinion that such a Convention should be 
“B9. See Daily Intelligencer, of Wheeling, January 15, 1863. 

30. See Daily Intelligencer, of Wheeling, February 13, 1863. The 
Journal of the adjourned Session of the Constitutional Convention has 


never been brinted in book form but the manuscript thereof in the 
possession of the State Department of Archives and History.—vV. A. L. 


How West VIRGINIA Was MADE. Sud 


held, and it was resolved to recommend to the people | 
of each of the forty-eight counties composing the new 
State of West Virginia, that as soon as practicable after 
the adoption of the amended Constitution, they appoint 
delegates to meet in Convention at Parkersburg, on the 
first Wednesday after the expiration of ten days from 
the date of the proclamation of the President declaring 
West Virginia a State in the Union.*! 

Feb. 20 The Constitutional Convention which had re-assembled 
February 12th preceding, for the purpose of making 
the change in the Constitution as required by Congress, 
completed its work and adjourned sine die.** 

Mar. 26 The people voted upon the adoption of the amended 

Constitution. The total vote cast was 28,321, of which 
27,749 were for ratification, and 572 for rejection.* 

April17 On this date Abraham D. Soper, President, and Daniel 

Lamb, Peter G.-Van Winkle, Elbert H. Caldwell. 

Ephraim B. Hall, and James W. Paxton, the Executive 

Committee of the Constitutional Convention certified 

the result of the election on March 26th, on the amended 

Constitution to Governor Pierpont, by whom it was im- 

mediately certified to the President of the United States.*4 


PROCLAMATION RELATING TO THE ADMISSION OF WEST VIRGINIA INTO THE 
UNION, BY THE PRESIQENT OF THE UNITED STATES OF AMERICA. 


A PROCLAMATION. 


April 20 WHEREAS, by the act of Congress approved the 31st day 
of December last the State of West Virginia was declared 
to be one of the’ United States of America, and was ad- 
mitted into the Union on an equal footing with the origi- 
nal States in all respects whatsoever, upon the condition that 
certain changes should be duly made in the proposed con- 
stitution for that State; and 

WHEREAS, proof of a compliance with that condition, as 
required by the second. section of the act aforesaid has 
been submitted to me: 

Now, therefore, be it known that I, Abraham Lincoln, 
President of the United States, do hereby, in pursuance of 

31. See Daily Intelligencer, of Wheeling, February 20, 1863. 

32. See Daily Intelligencer, of Wheeling, February 21, 1863. 


33. _ See “Hagans’ “‘Hrection and Formation of the State of West 
Virginia,” p. 78. Also Wheeling Daily Intelligencer, April 17, 1863. 


334 


May 6 


How West VirGintaA Was MApkE. 


the act of Congress aforesaid, declare and proclaim that 
the said act shall take effect and be in force from and af- 
ter sixty days from the date hereof, 

In witness whereof I have hereunto set my hand and 
caused the seal of the United States to be affixed. 

Done at the city of Washington, this 20th day 
[SEAL] of April, A. D. 1863, and of the Independence of 
the United States the eighty-seventh. 
ABRAHAM LINCOLN. 
By the President: 
WILLIAM H. SEWARD, 
Secretary of State. 


AN UNCONDITIONAL UNION CONVENTION. 


The people acting upon the suggestion of the meeting 
at Wheeling on the evening of the 19th of February, 
1863, appointed delegates from the various counties to as- 
semble in Convention at Parkersburg; there to nominate 
the first State officials of West Virginia. Wednesday, May 
the 6th, this old town was thronged with people. The Con- 
vention assembled at 3:00 P. M. in the Court House. 
Judge Chapman J. Stuart of Doddridge county, called 
the body to order, and nominated James G. West of 
Wetzel county, for temporary President; and Thomas 
Cather of Taylor county nominated Ellery R. Hall of 
Taylor county, temporary Secretary. Rev. Mr. Camp- 
bell of the Presbyterian church? offered prayer in an 1m- 
pressive manner. A Committee on Permanent Organi- 
zation was appointed, consisting of Chapman J. Stuart, 
of Doddridge county; Benjamin H. Smith, of Kana- 
wha; Abraham D. Soper, of Tyler; Leroy Kramer, of 
Monongalia; James R. Carskadon, of Hampshire; Dan- 
iel Lamb, of Ohio; Joseph B. Nay, of Marion; and John 
J. Brown, of Preston. 

A Committee on Credentials was appointed as fol- 
lows: Thomas Cather, of Taylor; George McC. Porter, 
of Hancock; William Swearingen, of Marion; Chapman 
J. Stuart, of Doddridge; Robert Irvine, of Lewis; Spic- 
er Patrick, of Kanawha; Robert Hager, of Boone, and 
T. C. MeCann, of Greenbrier. 

Judge Stuart of the Committee on Permanent Organ- 
ization reported the following: 


How West VIRGINIA Was MADE. oan 


For President—Dr. Spicer Patrick, of Kanawha 
aounty. 

For Secretary—Ellery R. Hall, of Taylor county. 

For Assistant Secretary—Jacob Edgar Boyers, of 
Tyler county. — 


The report of the Committee on Credentials showed 


that there were two hundred and thirty-five delegates 


May 12 


May 28 


June 12 


present from forty counties. Nominations were declar- 
ed to be in order. Names were presented for the various 
offices, with the result that Arthur I. Boreman, of Wood 
county, was nominated for Governor; Jacob E. Boyers, 
of Tyler county, for Secretary of State; Campbell Tarr, 
of Brooke county, for Treasurer of State; Samuel 
Crane, of Randolph county, for Auditor of State; 
Aquilla B. Caldwell, of Ohio county, for Attorney- 
General; and Ralph L. Berkshire, of Monongalia coun- 
ty; William A. Harrison, of Harrison county, and James 
H. Brown of Kanawha county, for Judges of the Court 
of Appeals.*4 

Daniel Lamb, James W. Paxton, Peter G. Van Winkle, 
Elbert H. Caldwell and EH. B. Hall, the Executive Com- 
mittee of the Constitutional Convention issued a Procla- 
mation declaring May 28th, the’ day upon which the 
election of the new State officials would take place.® 
The election of State and County officials generally 
throughout the new State. All State officials were 
elected without opposition, but in some of the counties 
the contests for local offices more particularly that of 
sheriff, were spirited and closely contested. 

Returns from thirty-three counties, of the vote on the 
26th of May, had been received by the Executive Com- 
mittee of the Constitutional Convention. These showed 
that in the said counties, Arthur I. Boreman, for the 
office of Governor, had received 25,797 votes; Jacob Ed- 
gar Boyers for Secretary of State, 24,996 votes; Camp- 
bell Tarr, for Treasurer of State, 25,513 votes; Samuel 
Crane, for Auditor of State, 24,857 votes; Aquilla B. 
Caldwell, for Attorney-General, 25,141 votes; and for 
34, See Daily Intelligencer, of Wheeling, May 9, 1863. 


35. See Daily Intelligencer, of Wheeling, May 13, 1863. 
86. See Daily Intelligencer, of Wheeling, May 29, 1868. 


336 


How West VIRGINIA WAS MApR. 


Judges of the Supreme Court of Appeals, Ralph L. 
Berkshire, received 24,537 votes, William A. Harrison 
24,924 votes; and James H. Brown 24,225 votes. All 
were declared elected.*” 


June 20 This was Saturday. That day, the period of sixty days, 


mentioned in the proclamation of the President, April 
20, 1863, expired and West Virginia entered upon her 
career as a member of the Federal Union. 


THE BEGINNING OF THE NEW STATE GOVERNMENT. 


It was a remarkable one in the History of the Virgin- 
ias. In Wheeling a vast multitude thronged the streets; 
thousands of flags fluttered in the ‘breeze; the display 
of bunting was the most attractive ever seen in the 
‘“Western Metropolis.’’ It threatened rain—June show- 
ers; now all the beauties of a clear sunlight were shown, 
then a cloud chased all away. There were June show- 
ers—little ones—not enough to drive the people from 
the streets. A procession marched through the princi- 
pal streets and then halted in front of the Linsly Insti- 
tute. It was filled with people; the streets were filled 
with men, women and children, and the yards, windows. 
and roofs were full of eager faces. <A large platform 
had been erected in front of the Institute, and thither 
the officers—officials of two State Governments—were 
conducted as they arrived. Hon. Chester D. Hubbard 
ealled the multitude to order. Thirty-five tastefully at- 
tired and beautiful little girls, representing the Ameri- 
can States—all of them—sang the ‘‘Star Spangled Ban- 
ner.’’ Rev. J. T. McClure addressed the Throne of 
Grace. Then came two Governors—Francis H. Pier- 
pont, the head of the ‘‘ Restored Government; and Ar- 
thur I. Boreman, chief Executive of a State just then be- 
ginning to be. The first delivered a Valedictory, the 
second an Inaugural Address. The sovereignty of the 
Restored Government of Virginia was terminated on 
the soil of West Virginia. Governor Pierpont retired 
with the Restored Government to Alexandria on 
the Potomac, nine miles below Washington City. Three 


37. See Daily Intelligencer, of Wheeling, June 13, 1863. ‘ 





How WEst VIRGINIA WAS MADE. : Bal 


cheers were given for West Virginia; the little girls sang 
E Pluribus Unum; the band played the ‘‘Star Spangled 
Banner,’’ and thus terminated the ceremonies of the 
- Inauguration of West Virginia as a free and independent 
State.2s The Restored Government of Virginia which left 
Wheeling that day for Alexandria on the Potomac; and 
in May, 1865, removed to Richmond, on the James, is 
the present Government of the Commonwealth of 
Virginia; the Government organized at Wheeling that 
day, continues to be the Government of the State of 
West Virginia: 


88. See Daily Intelligencer, of Wheeling, June 22, 1863. 


j - 
: 
: . 
‘ 
‘ 
» 
4 
. 
‘ 
\ 
. 
' 





INDEX. 


an, 


Addenda, containing events lead- 
ing up to the admission of 
West Virginia into the Union, 
oe rhe 

Address to the People of North- 
western Virginia by the First 
Convention at Wheeling, May, 
veg ty ay eee ; 

Alabama, adopts Ordinance of Se- 
cession, 8. 

Alexandria, town of, 3, 4, 336. 

Allegiance to United States, peo- 
ple of Virginia absolved there- 
trom, 1. 

Alliance between Virginia and the 
Confederate States, 15. 

Ambler, William, member Com- 
mittee on Elections in Seces- 
sion Convention at Richmond, 
Oo 

Anderson, Fulton, Confederate 
Commissioner from Mississippi, 
addresses Secession Convention 
at Richmond, 12. 

Archives and History, 
partment of, 4. } 

Armstrong, Edward M., member 
of Secession Convention at 
‘Richmond, ~29; vote by, on 
Ordinance of Secession, 30. 


State De- 


Atkinson, John H., member of 
Second Convention at Wheel- 
ing, 80. 

B. 

Baldwin, John B., member of 
Committee on Federal Rela- 
tions in Secession Convention 
at Richmond, 11. 

Barbour, Alfred M., member of 


Secession Convention at Rich- 
mond, 29. 

Barbour, James, member of Com- 
mittee on Federal Relations in 
Secession Convention at Rich- 


mond, 11. 
Barns, John S., member Second 
Convention at Wheeling, 80; 


remarks by, 208, 210; resolu- 
tions by, 123, 300. 








Barracks, James J., member Sec- 
ond Convention at Wheeling, 
80. 

Battelle, Rev. Gordon, member of 
Second Convention at Wheel- 
ing, 80; opened Convention 
with prayer, 78, 83, 147, 283. 

Bedford County, resolutions by 
people of, 18. 

Benning, Henry L., Commissioner 
from Georgia, addresses Seces- 
sion Convention at Richmond, 
ee. 

Berlin, George W., member of Se- 
cession Convention at Rich- 
mond, 29; vote by, on Ordi- 
nance of Secession, 30. 

Blow, George, Jr., member of 
Committee on Federal Rela- 
tions, in Secession Convention 
at Richmond, 11. 

Boggess, Caleb, member of Sieces- 
sion Convention at Richmond, 
29; vote by, on Ordinance. of 
Secession, 30. 

Boreman, Arthur I., member of 
Second Convention at Wheel- 
ing, 80; elected President 
thereof; takes oath of office, 
81; tthanks Convention for 
honor conferred, 81; makes 
statements to Convention, 94, 
Mole nioare loss let ei aa 14 O., 
USD siete OS aL OU Elo Le V9 2, 
LS) Lo tel OSs 203) 216, 241, 
278, 279, 301; announced the 
order of the day, 96; address 
to the Convention at close of 
Regular Session, 155, 156, 

- 157; calls Adjourned Session to 
order, 183; final address of, to 
the Convention, 301; men- 
tioned, 218. 

Boreman, William J., member of 
Second Convention at Wheel- 
ing, 79; remarks by, 132, 271, 
274, 281; resolution by, 300; 
submits proposition, 211; sub- 
stitute of, for report of Com- 
mittee on Division of State, 
215; mentioned, 228, 274. 


ll INDEX. 


Bowen, Lot, member of Second 
Convention at Wheeling, S80; 
resignation therefrom, 208. 

Bowyer, George C., member of 
Second Convention at Wheel- 
ing, 80. 

Boyd, William W., member of 
Committee on Federal Rela- 
tions in Secession Convention 
at Richmond, 11. 

Breckenridge, John C., mentioned, 
232. 

Brooke County, action of people 
therein, 26. f 

Brown, William G., member of 
Secession Convention at Rich- 
mond, 29; vote by, on Ordi- 
nance of Secession, 30; member 
of Committee on Elections 
therein, 11; expelled therefrom, 
31; mentioned, 231. 

Brown, John J., member of Sec- 
ond Convention at Wheeling, 
80, reports by, from Committee 
on Credentials, 185, 192, 196, 
212. 

Brockunier, Rev. S. R., 
Convention with 
94) 

Broski, George W., member of 
Second Convention at Wheei- 
ing, 80. 

Brumfield, William W., member 
of Second Convention at Wheel- 
ing, 80. 

Bruce, James C., member of Se- 
cession Convention at Rich- 
mond, 29; member of Com- 
mittee on Federal Re'‘ations 
therein, 11. 

Burdett, John §&., member of Se- 
eession Convention at Rich- 
mond, 29; vote by, on Ordi- 
nance of Secession, 30; expelled 
therefrom, 31; remarks by, in 
First Convention at Wheeling, 
40, 42, 48, 44, 62; ‘member of 
Second Convention at Wheel- 
ing, 80; remarks therein. by, 
SO MOON I 225234.) 52 ae Loe ome 
290, 291; motions by, 96, 130, 
217,. 300; ‘resolution bys. 2aL7; 
mentioned, 277. 

Burley, James, member of Seces- 
sion Convention at Richmond, 
29; vote «by, on Ordinance of 
Secession, 30; attends meeting 
of Western members of Seces- 
sion Convention at Powhatan 
Hotel, 30; resolutions by, 27, 
'28, 196, 228; expelled there- 
from, 31; member of First Con- 
vention at Wheeling, remarks 


opened 
prayer, 112, 


therein, 196, 197, 212,522: 
291, 293; mentioned, 200, 211. 

Byrne, Benjamin W., member of 
Secession Convention at Rich- 
mond, 29; vote by, on Ordi- 
nance of Secession, 30. 


Gc 
Caldwell, Elbert H., member of 
Second Convention at Wheel- 


ing, 80; remarks by, 118, 128,. 


132, 296; motions by, 130, 1943 
257, 292; obtained leave) or 
absence, 113; report by, from 
Committee of Seventeen, 153; 
presented ordinance relating to 
grand and petit jurors, 299. 


Campbell, Archibald W., Editor 


of Intelligencer, 4. 

Campbell, John A., member of Se- 
cession Convention at  Rich- 
mond, 29; member of Commit- 
tee on Federal Relations, 11. 

Caperton, Allen T., member of Se- 
cession Convention at Rich- 
mond, 29; vote by, on Ordi- 
nance of Secession, 30; member 
of Committee on Elections in 
Secession Convention at Rich- 


mond, 11. 
Carlile, John S., member of Se- 
cession Convention at Rich- 


mond, 29; vote by, on Ordi- 
nance of Secession, 30; left 
Richmond Couvention, 30; ex- 
pelled therefrom, 31; Mmem- 
ber of First Convention att 
Wheeling, wee member of 
Second Convention at Wheei- 
ing, 80; remarks Sy gee 
37, 38, 89, 48) 49) 3p 0s 
52, 538, 54, 55,°57, Soe 
61, 64, 65, 66, 73,883s0nesueee 
95, 96, 97, 98, 99, LOD Ree 
108, 109, 114, 120, .22eeee 
125, 126, 129, 1380, 
140;.143, 146, 147) 4535 
190, 191, 193, 227) gee 
232, 234, 242, 246, 24 
257, 267, 268, 271, 2 
278, 291; 293, 294) "300s 
tions by, 115, 193, 2992 reeae 
lutions by, 48, 84, 89, 112, 136, 
150, 190; report. bys eraen 
Committee of Seventeen, 153, 
154; speech of, in Adjourned 
Session of Second Convention 
at Wheeling, 303, 312; report 
by, from Committee on Busi- 
ness, 115, 116; mentioned, 43, 
229, 231, 253, 260. 2028 


Oa 


INDEX. lil 





Carskadon, James R., member of 
Second Convention at Wheel- 
ing, 80. 

Cather, Thomas, member of Sec- 
ond Convention at Wheeling, 
80; remarks by, 254, 271; res- 
Olutions by, 199, 301. 

Chambliss, J. R., member of Se- 
cession Convention at Rich- 
mond, 29; member of Commit- 
tee on Elections, 11. 

Clark, Rev. J. L., opened Conven- 
tion with prayer, 152, 212. 
Clarksburg, Convention at, 33; 
Preambie and Resolutions 

‘adopted thereby, 338, 34. 

Clemens, Sherrard, member of 

' Secession Convention at Rich- 
mond, 29; vote by, on Ordi- 
nance of Secession, 30; attends 
meeting of Western members 
of Richmond Convention at 
Powhatan Hotel, 30. 

Close, James T., member of Sec- 
ond Convention at Wheeling, 
from Alexandria County, 79; 
resolution by, 151. 

Coercion, Richmond Convention 
makes inquiry concerning, 12. 

Committee on Elections, in Seces- 
sion Convention at Richmond, 
11; Committee on Federal Re- 
lations therein, 11; Committee, 
a central, appointed, names of 
members thereof, 65; Commit- 
tee on State and Federai Rela- 
tions, Report of, 62, 63; Com- 
mittee on a Division of the 
State appointed, names of, 188; 
Committee to revise ordinance 
of the Convention, names of 
members thereof, 299; Com- 
mittee to wait on Governor, 
names of members. therecf, 
300. 

Compromise Committee, appoint- 
ied, names of, 282. 

Confederate Congress, approved 
Convention between Virginia 
and Confederate States, 22. 

Confederate States of America, 
Government of, organized, 8; 
Convention of, with Virginia, 
17, 18; Provisional Govern- 
ment of, adopted by Virginia 
Convention, 19. 

Congressmen elected to represent 
Virginia in the Confederaie 
Congress, 21. 

Congress, vote in Senate on Bi'l 
admitiing West Virginia into 
the Union, 327; vote in House 





of Representatives on Bill ad- 
mitting West Virginia into the 
Union, 328, 329. 

Conrad, Robert Y. member of Se- 
cession Convention at  Rich- 
mond, 29; member of Commit- 
tee on Federal Reiations, 11. 

Conrad, C. B., inember of Seces- 
sion Convention at Richmond, 
20 

Constitutional Convention, assem- 
bled at Wheeling, 318; con- 
vened, to Frame a Constitution 
for the New State of Kanawha, 
318; Roll of members thereof, 
3193 adjournment of, 320; 
reassembled, to change Consti- 
tution as required by Congress, 
Sone 

Constitution, First of West Vir- 
ginia, vote upon, 321; a sec- 
ond time ratified by the peo- 
ple, 335. 

Convention at Clarksburg, issues 
call for united action, to op- 
pose Secession, 33. 

Convention (agreement) between 


Virginia and Confederate 
States, 18. 
Convention, Secession, at Rich- 


mond, adopts Provisionai Gov- 
ernment of Confederate States, 
19; provides for organization 
of Provisional Army, 20; Ses- 
sions of, 28. 

Convention, First, at Wheeling, 
of the People of Northwestern 
Virginia, 35-76; names of mem- 
bers of Committee on Cre- 
dentials, 44, 45; names of 
members of Committee on State 
and Federal Relations, 45; 
names of delegates ethereto, 
55; Reports of Debates’ there- 
in, 35;071; Address: of; To the 
People of Northwestern Vir- 
ginia 72, 73; Proceedings and 
‘Journals thereof, 3. 

Convention, Second, at Wheeling, 
Introductory Note thereto, 77; 
organization of. 78. 79; list of 


members of, 79, 80; debates 
therein,» (78-157: address of, 
Wio-1 32a Journal: off 07 Sala t3 


adjournment of Regular Ses- 
sion, 157; reassembling of Ad- 
journed Slession, 183; Journal 


of, 183-302; adjournment of, 
302. 
Convention, at Parkersburg; 


nominated first State officers of 
West Virginia 334, 335. 


lv INDEX. 





Cooper, William T., elected mem- 
ber of Secession Convention, to 
fill seat made vacant by expul- 
sion of John S. Carlile, 32. 

Copley, William, member of Sec- 
ond Convention at Wheeling, 
80. 

Couch, James H., member of Se- 


cession Convention at Rich- 

mond, 29; vote by, on Ordi- 

nance of Secession, 30. 
Council of State, elected; names 


of members thereof, 142. 

Cowan, Robert E., elected mem- 
ber of Secession Convention. 
at Richmond, to fill seat made 
vacant by expu'sion of William 
‘iG, Brown, 32. 

Cox, James H., temporary Presi- 
dent of Secession Convention 
at Richmond, 10. 


Crane, William B., member of 
Second Convention at Wheel- 
ing, 80. 


Crane, Samuel, member of Sec- 
ond Convention at Wheeling, 
80% remarks by; 1. see C, 
185.9186, 1902179 1,51 82 1933 
204, 216, 294; motions by, 95, 
136; (238,. 186, 196, 02007 2bF-, 
289; resolutions by, 186, 202; 
mentioned, 238. 

Cranmer, Gibson Lamb, member 
of First Convention at Wheel- 
ing, 41; elected Secretary, 41; 
member of Second Convention, 
§1; elected Secretary, $81; read 
report of Committee on Cre- 
dentials, 198; directed to se- 
cure files of papers containing 
proceedings of May and June 
Conventions, 199; mentioned, 
ook. 

Crawford, William L., member of 
Second Convention at Wheel- 
ing, 80; motion by, 13%: 

Cresap, C. J. C., elected member 
of Secession Convention at 
Richmond, to fill seat made va- 
cant by expulsion of James C. 
McGrew, 32. 

Crothers, Hugh W., 
Second Convention at Wheel- 
ing, 79; motion by, 276; sug- 
gestion as to meeting of Leg- 
islature, 300. 


member of 


5). 


Davidson, Lemuel E., member of 
Second Convention at Wheel- 
ing, 80; motion by, 194. 


Davis, John J., mem'ber of Second 
Convention at Wheeling, 84. 
Davis, Jefferson, President of 

Confederate States, 8. 
Dayton, Spencer, member of Sec- 
ond Convention at Wheelng. 
80; succeeded by Nathan H. 
Taft, 94. : 
Declaraton, of the .people of 
Northwestern Virginia, repre- 
sented in Second Convention at 
Wheeling, 86; of Rights of the 
people of Virginia, 170, 173. 


Delaware, State of, mentioned, 
isp 
Delegates, list of, in First Con- 


vention at Wheeling, 55, 56, 
57; 

Dent, Marshall M., member of Se- 
cession Convention, at Rich- 
mond, 29; vote by, on Ordi- 
nance of Secesson, 30; attends 
meeting of Western memhers 
of, at Powhatan Hotel, 30; :ex- 
pelled therefrom, 51; member 
of First Convention at W.heel- 
ing, 56; Secretary thereof, 3, 
41. 

Dodds, Rev. R. D., opens Conven- 
tion with prayer, 114. 

Dorsey, Dennis B., member of 
Second Convention at Wheel- 
ing, 80; remarks by, e900 
100, 101, 102, 1038.) ee 
106, 110, 111, 114, ee eee 
136, 137, 145, 246) 1a 
193; motions by, 96; 120s 
152, 193, 196, 275, 28) 59 reso- 
lutions by, 83) ) ha Gaee 
opened Convention with prayer, 
270; mentioned, 200, 241. ; 


Douglas, William, member of 
(Second Convention at Wheel- 
ing, 80. 

Downey, Owen D., member of 


Silecond Convention at Wheel- 
ing, 80; remarks by, 291. 
E. 

Echols, John, member of Seces- 
sion Convention at Richmond, 
29; vote by, on Ordinance of 
Secession, 30. 

Eggleston, D. Q.. Secretary of the 
Commonwealth of Virginia, 4. 

Eubank, John l., member of Se- 


cession Convention at Rich-. 
mond, 29; Secretary, thereof, 
1s 


Evans, James, member of Second 
Convention at Wheeing, 89; 
remarks by, 133, 204, 206; res- 
olution by, 300. 








F. 


Farnsworth, Daniel D. T., mem- 
ber of Second Convention at 
Wheeling, 80: remarks by, 90, 
ne weet LOS, 208; 2555 281; 
motions by, 154, 279; resolu- 
tions by, 118, 154, 199; mem- 
iber of Committee on Division of 
the State, 194; vote on resolu- 
tions by, 127, 186, 1938; prop- 
osition presented by, 212; sub- 
stitute of, for the report on 
Division of the State, 213; call 
for previous question, 277; re- 
port by, as chairman of Com- 
‘promise Committee, 283; men- 
moned, 201,232, 234, 240, 276. 


Fast, Richard, member of Sec- , 


ond Convention at Wheeling, 
80; remarks by, 270; resolu- 
ton by, 199; mentioned, 201. 

Federal Relations, Committee on, 
Secession Convention at Rich- 
mond, 11. 

Federal Government, property of, 
captured by Virginia troops, 
19: 

Ferrell, James P., member of Sec- 
ond Convention at Wheeling, 
80. 

Fisher, Rev. D. W., opened Con- 
vention with prayer, 217. 

Flemiug, Solomon, member of 
Second Convention at Wheel- 
ing, 80; resolution by, 185. 

Flesher, Andrew, member of 
Second Convention at Wheel- 
ing, 80; remarks by, in First 
Convention at Wheeling, 57; 
wemarks. by, 91, 94, 114, 1389; 
motion by, 117; resolutions by, 
113,'188; mentioned, 260. 

Florida, adopts Ordinance of e- 
cession, §. 

Formation of New State, vote of 
people thereon, 318. 

Foley, James A., member of Sec- 
ond Conventon at Wheeling, 
79; resolution by, 184. 

Fort Sumter, bombarded by South 
Carolina troops, 13 

French, Napoleon B., member of 
Secession Convention at Rich- 
mond, 29; vote by, on Ordi- 
nance of Secession, 30. 

French, Col. S. Bassetit, transmits 
to President of Secession Con- 
vention, resolutions of people, 
nie 

Frost, Daniel, member of Second 
Convention at Wheeling, 80; 


INDEX. Vv 





remarks by, 122, 123, 187, 
Blleato, al ocnasl. 2ea4 #00 
LIDnse DM bdo la, elo ete 
146, 183, 185, 199, 203, 270, 
275; resolutions by, 89, 90, 
199; presented credentials of 
James Smith, 184. 


G. 


General Assembly, Extra Session 
of, 8; convened at Richmond, 
8; resolutions of, 9; provides 
for State Convention, 9; First 
Extra Session of, 142; under 
Restored Government, °’con- 
vened in First Regular Ses- 
sion, 320; Second Extra Ses- 
sion under Restored Govern- 
ment, convened at Wheeling, 
ee 

Georgia, adopts Ordinance of Se- 
cession, 8. 

Gillispie, Henry L., ’member. of 
Secession Convenition at Rich- 
mond, 29; vote by, on Ordi- 
mance of Secession, 30. 

Gist, Joseph, member of Second 
Convention at Wheeling, 79. 

Glencoe, town of, 3. 

Goggin, William L., member Com- 
mitittee on Hlections, Secession 
Convention, 11. 

Gordon, William F.. temporary 
Secretary, Secession Convention 
at Richmond, 10: 

Graham, E. 'T., member of Second 
Convention at Wheeling. 80. 
Gray, Algernon S., member of 
Committee on Elections, Seces- 
sion Conventon at Richmond, 

aL 


H. 


Tiagans, Harrison, member of 
Second -Convention at Weeel- 
ing, 80; remarks by, 185, 186; 
became chairman of the Com- 
mittee on Business, 185; reso- 
lution by, 96. 

Hale, Perry M., member of Sec- 
ond Convention at Wheeling, 
80; motion by, 276. 

Hall. Granville D., stenographic 
reporter of Wheeling Conven- 
LIONS, sos oo 

Hall, Addison, member of Seces- 
sion Convention at Richmond, 
29; member of Committee on 
Hlections, 12. 


vl 


INDEX. 





Hall, Cyrus, member of Secession 
Convention: at Richmond, 29; 
vote by, on Ordinance of Seces- 
sion, 20, 

Hall, Leonard S., member of Se- 
cession Convention at Rich- 
mond, 29; vote by, on Ordi- 
nance of Secession, 30. 

Hall, Ephraim B., member of Se- 
cession Convention at Rich- 
mond, 29; vote by, on. Ordi- 
nance of Secession, 30; expell- 
ed from Convention, 31; mem- 
ber of Second Convention at 
Wheeling, 80; admitted to seat 
of Francis H. Pierpont, resign- 
ed, 281; remarks by, 292, 294. 

Hammond, Allen C., member of 
Secession Convention at Rich- 
‘mond, 29; vote by, on Ordi- 
nance of Secession, 30. 

Harper, Kenton, Major-General, 
in command at Harper’s Ferry, 
20. 

Harper’s Ferry, occupied by Vir- 
ginia troops, 20. 

Harris, John W., Secretary 
Clarksburg Convention, 34. 

Harrison County, Action of the 
People therein, 24-27. 

Tlarrison, George, member of Sec- 
ond Convention at Wheeiing, 
80; remarks by, 296; motion 
by, 133; resolution by, 128; 
mentioned, 275. 

Harvey, Lewis E., member of Se- 
cession Convention at Rich- 
mond, 29; member of Commit- 
tee on Federal Relations, i1. 

Hawxhurst, John, member of Sec- 
iond "Convention at Wheeling, 
from Fairfax county, 79; re- 
marks by, 241, 246; motions 
‘by, 192, 198; resolution by, 88. 

Haymond, Alpheus F., member of 
Secession Convention at Rich- 
mond, 29; Chairman of Com- 
mittee on HEiections, 11; vote 
by, on Ordinance of Secession, 
30. 

Heck, Jonathan M., elected mem- 
ber of Secession Convention at 
Richmond, to fill seat made va- 
cant by expulsion of Marshall 
M. Dent, 32. : 

liervey, Rev. David, opened Con- 
vention ‘by prayer, 91, 135. 

Hoge, James W., member of Se- 
cession Convention at Rich- 
mond, 29; vote by, on Ordi- 
nance of Secession, 30. 

Hooton, Charles, member of Sec- 


of 


ond Convention at Wheeling, 
80; remarks by, 114, 130, 191, 
198, 280, 281; presented peti- 
tions from citizens of Preston 
county, 193; demanded previ- 
ous questions, 291, 295. 
Hornbrook, Thomas, elected Ser- 
geant-at-Arms, of Second Con- 
vention at Wheeling, 81. 
Howard, John, member of Second 
‘' Conventon at Wheeling, 80. 
Hubbard, Chester D., member of 
Secession Convention at Rich- 
mond, 29; vote by, on Ordi- 
nance of Secession, 80; attends 
meeting of Western members 
of Convention at Powhatan Ho- 
tel, 30; expelled from Conven- 
tion, 81; member of First Con- 
vention at Wheeling, 35; mo- 
tion by, 40; member Second 
Convention at Wheeling, 80; 
remarks by, 123, 133, 232, 233, 
234, 296; motions by, 115, 
Los nominated James _ S. 
Wheat for Attorney General of 
Virginia under the Restored 


Government, 151; mentioned, 
240, 241. 
Hubbard, John R., member of 


First Convention at Wheeling, 
56; remarks by, 59. 

Hughes, John N., member of Se- 
cession Convention at Rich- 
mond, 29; vote by, on Ordi- 
nance of Secession, 30: killed 
at battle of Rich Mountain, 
West Virginia, 31. 

Hursey, John, Chairman 
Clarksburg Convention, 34. 

Hutton, Eppa, member of Com- 
mittee on Elections, Secession 
Convention at Richmond, il 

I. 

Illinois, State of, 3. 

Intelligencer, Daily, of Wheeling, 
3, 4; 5 filessofiaa: 

J. 


Jackson, John J., member of Se- 
cession Convention at Rich- 
mond, 29; member of Commit- 
tee on Federal Relations, 11; 
vote by, on Ordinance of Seces- 
sion, 30; attends meeting of 
Western metrsbers of Conven- 
tion at Powhatan Hotemeeaus 
expelled from Convention, 31: 
member of First Convention at 
Wheeling, 57; remarks by, 36, 
37, 38, 39, 40, 42, £38) aaa 
53, 09 "647460" 


of 


INDEX, 


Vil 


Jackson, John Jay, Jr., member 


of First Convention at Wheel- 
ing, 57; remarks by, 39,58, 
161. 

Jackson, Blackwell, member of 
Second Convention at Wheel- 
ing, 80; mentioned, 229. 

Janney, John, member of Seces\ 
sion Convention at Richmond,\ 


‘29; permanent President there- \ 


of, 10; Address of, to Con- 
vention, 10, 11. 

Johnson, Peter C., member of Se- 
cession Convention at Rich- 
mond, 29; meinber of Commit- 
tee on Federal Relations, 11. 

Johnson, Daniel: D., member of 
Second Convention at Wheel- 
ing, 79; remarks by, 1338, 275; 
resolution by, 199; mentioned, 
a ae 

Johnson, Joseph, ex-Governor of 
Virginia, mentioned, 232. 


K. 


Kidd, George H., resolution by, 
in First Convention at Wheel- 
ling, 41. 

Koontz, George, member of Sec- 
ond Convention at Wheeling, 
80; qualified and took seat as 
member of said Convention, 
LS 

Kramer, Leroy, member of Sec- 
ond Convention at Wheeling, 
80; remarks by, $1; resolution 
by, 299; substitute offered by, 
for ordinance providing for 
publication of Ordinance and 
Laws, 196; mentioned, 200. 

Laidley, Albert, member of the 
Second Convention at Wheel- 
ing, 79; did not qualify, name 
stricken from roll of, 135. 

_Laishley, Rev. Peter T., delegate 
to First Convention at Wheel- 
fing, 41. 

Lamb, Daniel, member of Second 
Convention at Wheeling, S80; 
remarks by, 90, 94, 95, 118, 
oie e4, 241, 257,° 268, 264, 
een ast, 290, 295.2296, 297; 
motions by, 90, 95, 111, 151, 
154, 256; resolutions by, 136, 
199, 296; nominated Francis 
H. Pierpont for Governor of 
Virginia under Restored Gov- 
ernment, 140; report by, from 
Committee of Seventeen, 154; 
from Committee on Creden- 
tials, 93, 139, 152,.153,, 200, 





281; submitted credentials of 
Henry C. Moore, and Duncan 
McLaughlin, 136; mentioned, 
276. 

Latham, George R., member of 
First Convention at Wheeling, 
57; temporary Secretary there- 
of, 36. 

Lawson, James, member of Seces- 
sion Convention at Richmond, 
29; vote by, on Ordinance of 
Secession, 30. 

NMazier, William, remarks by, in 
Tirst Convention at Wheeling, 
46; 53; 58, 65. 

Letcher, John, Governor of Vir- 
ginia; Proclamation by, con- 
vening General Assembly in Wx- 
tra Session, 8; message tio ASs- 
Bembly, 8; received telegram 
from Jefferson Davs, 16; re- 
ceived telegram from Governor 
Pickens, of South Carolina, 13. 

Levis, Charles S., member of Sec- 
oid Convention, at Wheeling, 
8t; admitted to seat as succes- 
sco: of Lot Bowen, resigned, 
213; remarks by, 223, 224, 
280M. 232. (274) 2Td) 279, 280, 
282 demanded previous ques- 
tion, 295; mentioned, 232, 2538, 
254, 276. 

Lightburn, J. A. J., member of 
Seconlt Convention at Wheel- 
ing, 84; remarks by, 191; mo- 
tions by, 191, 192; resolution 
by; 19% 

Lincoln, Abrahain, signed Senate 
Bill adnitting West Virginia 
into the Union, 330; Proclama- 

tion by, admitting West Vir- 

inia intc the Union, 333, 334; 

sipported by Intelligencer, 4. 

Logan, Thomas H., member of 

cond Convention at Wheel- 

80. 






by Virginia Con- 


Vii 


Martin, Jefferson T., elected mem- 
ber of Secession Convention at 
Richmond, to fill seat made va- 
eant by expulsion of James 
Burley, 32. 

Martin, Henry S., member of Sec- 
ond Convention at Wheeling, 
from Alexandria county, 79. 

Martin, Reuben, rieinber of Sec- 
ond Convention at Wheeling, 


80; remarks by, 187; motions , 


153, 123.0; 
LYSA Galler tor 
tions, 277, 
200,22 11. 


resolution by, 
previous ques; 
293; mentioned, 


by, 


Martin, Rev. Gideon, opened Con- | 


vention by prayer, 200 279) 

Maslin, Thomas, member 
cession Convention at 
mond, 29. 















therein i265) 27. 
Mason, Eben E., member of 
ond Convention at Wheeljng, 
from Fairfax county, 79. 
Masters, Henry H., memb 
Second Convention at 


to furnish number o 


Mississippi, adopts Ordinance of 
Secession, 8. 

Monongalia County, /Action of 
People therein, 25. 

Montague, Robert, member of 
committee on Feferal Rela- 
Lioms alas 

Montague, Dudley, /member of 
Second Conventiox at Wheel- 
ing, 80. 


Moore, Henry C., member of Sec- 
ond Convention /at Wheeiing, 
80; credentialg, submitted, 
126; qualified ayd took seit as 
member thereof/ 139; renarks 
by, 152; ragotnticn by; 718 

Moore, Samuel Mc¢cD., member of 
Comittee on 
tions,24ch. 

Morgan, Stephen A., elected mem- 
ber of Secession Conventon at 
Richmond, to fill seat mide va- 
eant by expulsion of H»hraim 
Bini. 

Morris, Robert, member ofSecond 
Convention at Wheelin;, 89. 


| McComas, 


Federal Rela- 


\ 


INDEX. 


Moss, John W., member of First 
Convention at Wheeling, 57; 
permanent President thereof, 
41; Address of, to Convention, 
41, 42, member of Second Con- 
vention at Wheeling, 890; mo- 
tion by, 94; nominated Daniel 
Polsies for Lieutenant-Gover- 
ner of Virginia under Resto. ed 
irevernment, 140, 

Myers, D. M., member of Second 
Convention at Wheeling, 79. 
McClure, Rev. J. T. opened Con-— 

vention with prayer, 128, 189. 

William, member of 
Secession Convention at Rich- 
mond, 29; vote by, on Ordi- 
nance of Secession, 30; mem- 
ber of Committee on Federal 
Relations, 11. 

McDermot, John F., Proprietor of 
Wheeling Intelligencer, 4, 

McFarland. William H., mem- 
ber of Committee on Federal 
T.elations, 11. 

McGrew, James C., member of Se- 
cession Convention at Rich- 
mond, 29; vote by, on Ordi- 
inanee of Secession, 30; attends 
meeting of Western members 
of Convention at Powhatan Ho- 
tel, 30; expelled from Conven- 
tion, 31. 

McGuire, Edward D., elected 
member of Secession Conven- 
tion at Richmond, to fill seat 
made vacant by expulsion of 
John J. Jackson, 32. 


7 


N. 


National Congress, election of 
members of, prohibited in Vir- 
‘ginia, 15; Southern members 
resign seats in, 8. 

Newman, Henry, member of Sec- 
ond Convention at Wheeling, 
80; obtained consent to yote 
On ordinance creating a new 
State, 300. 

New Year’s Day—that-of 1L86inm 

New York, State of, mentioned, 
hale 

Nicholls, John D., member of Sec- 
ond Convention at Wheeling, 
79; remarks by, 110, 119, 124, 
192, 276, 292; motion) Dyes. 
resolution by, 297. 

Northwestern Virginia, Conven- 
tion of. the People thereof, 35. 


INDEX. 1X 





oO. 


Oath of office subscribed to, by 
officials under the Restored 
Government of Virginia, 140. 

Ohio County, Action of people 
therein; 3, 25, 26, 27, 28. 

Chio, State of, mentioned, 
river, 4. 

Ordinance of 


(lat 


Secession, Resolu- 


tions regarding, adopted ‘by 
people of Richmond, 15; 
schedule accompanying, 15; 


texeo1, 14, 


Ordinance, for reorganization of 


the State Government adopted 


by the Second Convention at 


Wheeling, 92; to authorize the 
apprehending of suspicious 
persons in time of war, 116; 
fixing the compensation of cer- 
tain officers therein mentioned, 
118; relating to the receipts and 
(disbursements of a Public rev- 
enwe, and providing for the ap- 
pointment of an Auditor, Treas- 
urer, and Secretary of the Com- 
monwealth of Virginia, 148; 
relating to the collection of the 
‘Public Revenue, 153, 201; re- 
quiring the evidence of the tak- 
ing of certain Oaths to be filed 
in the office of the Secretary 
of the Commonwealth of Vir- 
ginia, 154; providing for the 
discharge of the duties of the 
Board of Public Works, 194; 
discharge of duties of Second 
Auditor, 194; declaring null 
and void the Proceedings of Se- 
cession Convention at Rich- 
mond, 195; providing for the 
publication in newspapers of 
the. Ordinances of the Conven- 
tion, and the public laws passed 
by the General Assembly, 195; 
ascertaining and declaring in 
whait cases offices are vacated 
tunder ‘Declaration of June 17, 
1861, 202, 298; to provide for 
the punishment of certain of- 
fences and for other purposes, 
202; for the division of the 
State, 204; to provide for the 
formation of a new State out 
of a portion of this State, 284, 
317; providing for the appoint- 
ment of collectors of the Pub- 
lic Revenue in certain cases, 
298; to provide for the electicn 
. of representatives in the Con- 
gress of the United States, 299; 





increasing the compensation of 
the Adjutant General, during 
the continuance of hostilities in 
the Commonwealth of Virginia, 
299, 

Orick, Johnson, member of Seces- 
sion Convention at Richmond, 
29; vote by, on Ordinance of 
Secession, 30. 

Osburn, Logan, member of Seces- 
sion Convention at Richmond, 
29, vote by, on Ordinance of 
Secession, 30. 


P,. 


Parsons, Solomon, member of Sec- 
ond Convention at Wheeling, 
$80; remarks by, 90, 115. 

Patrick, Spicer, member of Seces- 
sion Convention at Richmond, 
29; vote by, on Ordinance of 
Secession, 30; attends meet- 
ing of Western members of Se- 
cession Convention at Powhatan 
Hotel, 30. 

Paxton, James W., member of 
Second Convention at Wheel- 
ing, 80: remarks by, 87, 217, 
222; motion by, 95. 

Pendleton, Edmund, member of 
Secession Convention at Rich- 
mond, 29; vote by, on Ordi- 
nance of Secession, 30. 

Pendleton, Joseph H., elected by 
Secession Convention to fill 
seat made vacant by expulsion 
of , Chester D. Hubbard, 32; 
mentioned, 4. 

Pennsyivania, State of, mention- 


edgy hd: 
Phelps, Rev. John M., opened 
Convention with praver, 198. 


Pickett, Joseph D., member of Se- 
cession Convention at  Rich- 
mond, 29; elected to fill va- 
canevy made by expulsien of 
Campbell Tarr, 32. 

Pickens, Governor of 
Olina, telegram to 
Leticher, 18. 

Fierpont, Francis H.,-member of 
Second Convention at Woeel- 
ing, 80; remarks by, 40, 58, 59, 
61, 89; resolutions by, 78, 85; 
speech of, in Second Conven- 


South Car- 
Governor 


tion aso t TOs report .by,\ of 
Committee on Organization, 


81, nominated and elected Gov- 
ernor under Restored Govern- 
ment, 140; addressed Conven- 
tion, suaTo: 


Proclamation ‘of, : 


INDEX. 





convening Constitutional Con- 
vention, 818; issues Thanks- 
giving Proclamation, 318; men- 
tioned, 229, 3822. 

Polsley, Daniel, member of Sec- 
ond Convention at Wheeling, 
80; remarks by, in First Con- 
vention at Wheeling, 58, 60, 
64; remarks in Second Con- 
vention, 200, 211, 227, 228, 
229, 20 Ls Ao ott hy ee GLa ee Os 
295; resolution by, 199; nomi- 
nated and elected Lieutenant 
Governor of Virginia under 
Restored Government, 141; 
entered upon the duties of 
Lieutenant Governor of Vir- 
ginia, 145. 

Porter, George McC., member of 
Secession Convention at Rich- 
mond, 29; vote by, on Ordi- 
nance of Secession, 30; attends 
meeting of Western memvers 
of Secession Convention at 
Powhatan Hotel, 30; exvelled 
from Convention, 31; report of, 
as Chairman of Committee of 
State and Federal Relation, 
in First Convention at Wheel- 
ing, 54; member of Second 
Convention at Wheeling, 80; 
motion by, 155. 

Preston, John S., Commissioner 
from South Carolina, addres- 
ses Secession Convention at 
Richmond, 12. 

Preston, William Ballard, mem- 


ber Secession Convention at 
Richmond, 29; member Com- 
mittee on Federal Relations, 
2 bs 


Preston County, Action of People 
therein, 24. 

Price, Samuel, member Secession 
Convention at Richmond, 29; 
vote by, on Ordinance of Seces- 
sion, 30; member of Committee 
on Federal Relations, 11. 

Pugh, David, member of Seces- 
sion Convention, at Richmond, 


29; vote by, on Ordinance of 
Secession, 30. 
R. 
Radcliffe, William, member of 


Second Convention at Whcel- 
ing, 89; qualified and took 
seat, 153. 

Report of Compromise Commit- 
tee, vote on, 295. 

Restored Government of Virginia, 
beginning of, 142. 


eee a 


Richardson, William H., Adjutant 
General of Virginia, communi- 
cation from, 20. 

ae State Convention at, 


Ritchie, A. F., member of Second 
Convention at Wheeling, 80; 
remarks by, 218; resolution 
by, 200; submits letter from 
Edward Bates, Attorney Gen- 
eral of United States, 219. 

Rives, Timothy, member of Com- 
mittee on Federal Relations, 
Tigi 

Rhode IJsland, State of, mention- 
ed, dL; 

Roberts, T. A., member of Sec- 
ond Convention at Wheeling, 
80. 


Koberts, Jonathan, adverse re- 
port on credentials of, 192, 
POG6seLoS) 


Kobinson, John A., elected mem- 
ber of Secession Convention at 
Richmond, to fill seat made va- 
cant by expulsion of John 5B. 
‘Burdett, 32. 

Ruffner, Lewis, member of Second 
Convention at Wheeling, 80. 


Ss. 


Schedule Accompanying  Ordi- 
nance of Secession, 15; prohib- 
its election of members of Na- 
tional Congress, 15. 

Scott, Robert E., member of Com- 
mittee on Federal Relations, 
cyan 

Scott, James F., member of Sec- 
ond Convention at Wheeling, 
80. 

Secession, Ordinance of, adopted 
by Richmond Convention, 14, 
29; List of Western Virginians 
who were members thereof, 29. 

Senseny, George S., member of 
First Convention at Wheeling, 
55; remarks by, 40. 

Shuttleworth, John H., member 
of Second Convention at Wheel- 
ing o; 

Shuttleworth, Benjamin F., mem- 
ber of Second Convention at 
‘Wheeling, 80. 

Slack, Greenbury, member of Sec- 
lond Convention at Wheeling, 
80. 

Smith, Rev. Wesley, opened Con- 
vention with prayer, 79, 115, 
203, Ge 


INDEX, - xi 


Smith, James, member of Second 
(Convention at Wheeling , 80; 
credentials, presented, 184. 

Smith, C. W., member of Second 
Conyention at Wheeling, 80. 

Smith, John L., member of Sec- 
ond Conveution at Wheeling. 
80. 

Smith, Fontain, member of Sec- 
ond Convention at Wheeling, 
80; remarks by, 216, 218, 220, 
Get, 245, 246, 294, 295, 296; 
motion by, 199. 

Smythe County, 

mereopie of, 13. 

Snider, Joseph, member of Sec- 
ond Convention at Wheeting, 
eOsiremarks by, 190,216, 217, 
276; resolution by 123; -men- 
tioned, 216, 217. 

South Carolina, Ordinance of Se- 
icession of, 7. 

Southall, Valentine W., member 
of Committee on Federal Rela- 
prone gL. 

Spurlock, Burwell, member of 
Secession Convention at Rich- 
mond, 29; vote by, on Ordi- 
nance of Secession, 30. 

State Corvention, provided for, 
9; assembles at Richmond, 10. 

Stephens, Alexander H., Vice- 
President of Confederate States, 

se. arrival in Richmond, 16, 17; 
Conimission from Jefferson Da- 
vis to treat with Virginia, 16. 

Stuart, Chapman JZ., ureinber of 
Secession Convention at Rich- 
mond, 29; vote by, on Ordi- 
nance of Secession, 30; attends 
meeting of Western members of 
Convention at Powhatan Hotel, 
30; expelled from Convention, 
81; member of Second Conven- 
Howe. at «Wheeling: (795. re- 
marks bby, 93, 94, 96, 


resolutions of 


Pent 4 G1 S8)) 190, 0197, 199, 
Peer o41 248, Boa 254, 205, 
Pree ts, 290; 2938, 2975. mo- 
monumepy. 111, 1517189, 275, 
294, 297; speech of, in Ad- 


journed Session, 312-315; men- 
tioned, 280. 

Summers, George W., member of 
Secession Convention at Rich- 
miond, 29; vote by, on Ordi- 
nance of Secession, 30. 

Swan, Remembrance, member of 
Second Convention at Wheel- 
ing, 80. 

Swearingen, E. B., mentioned, 4. 


T. 


Taft, Nathan H., member of Sec- 
ond Convention at Wheeling, 
79; admitted to seat in Con- 
vention as successor of Spencer 
(Dayton. 

Tarr, Campbell, member of Seces- 
sion Convention at Richmond, 
29; vote by, on Ordinance of 
Secession, 30; attends meeting 
of Western members of Con- 
vention at Powhatan Hotel, 30; 
expelled from Convention, 31; 
member of First Convention at 
Wheeling, 55; remarks by, 40; 
Mmanionss D¥s ard, 281, 52925 
member of Second Cunvention 
iat Wheeling,. 79; remarks by, 
Coyl2o, 29 0; j 

Taylor, Oliver J., mentioned, 4. 

Telegram from Jefferson Davis to 
Governor Letcher, 16. | 

Todd, Samuel B., member of Sec- 
ond Convention at Wheeling, 


80; remarks by, 91; resolu- 
tion by, 189; mentioned, 288. 
Trans-Allegheny Regions, Loyal- 


ty of People therein to Federal 
Government, 24. 

Tredway, Wiliam M., member of 
Committee on Elections, Se- 
cession Convention at Rich- 
mond: yer, 

Trout, James H., member of Sec- 

ond Convention at Wheeling, 

80. : 

Turner, Franklin P., member of 
Secession Convention at Rich- 


mond, 29; vote by, on Ordi- 
nance of Secession, 30. 
Tyler, ex-President John, mem- 


iber of Secession Convention at 
Richmond, 10. 

Tyler County, Action of People 

therein, 27. 
U. 

United States, Allegiance thereto 
by Peovle of Virginia, absolv- 
ed, 21; Senators, from Virginia 
under Restored Government, 
election of, 143. 

Vance, John .C., member of Sec- 
ond Convention at Wheeling, 
80: remarks by, 124, 126, 128, 
134; motion by, 133. 

Van Winkle, Peter G., member of 
Second Convention at. Wheel- 
ing, 80; remarks by, 90, 106, 
LO ToS Sete 8st PLS 4 LS 8y 
TER REURGe ES Sel OSS LOS oA LG, 


Xll 


994 0285, 24602005) 2olwuasa, 
2&7, 297; motions by, 113, 130, 
LES ABS PUSAT LISI e 47 19", 
198, 2038, 211, 212; resolutions 
by, 184, 294, 203; report” by, 
from Committee on Division of 
the State, 189; report from 
Committee on Business, 155, 
200, 201, 212, 298; report by, 
from Committee on Revision of 
Ordinances, 300; report by, 
from Compromise Commiitee, 
282° mentioned; 216, 255, 275. 
Virginia, beginning of Restored 


Government of, 142; Restored 
Government of, 3, 5; Conven- 
ticn of, with Confederate 


States, 17, 18; People of, ab- 
solved from Allegiance to Unit- 
ed States, 21; Public Debt of, 
referred to, 121, 224, 225, 246, 
253, 255; provision relating to, 
287. 


W. 


Waggener, Charles B., Secretary 
of First Convention at Wrheel- 
ing, 3; member of Second Con- 
vention. 80. 

Watson, James O., member of 
Second Convention at Wheel- 
ing, 80; qualified and took 
seat, 136. 

West, James G., member of Sec- 
ond Convention at Wheeling, 
$0; remarks by, 137, 151, 187, 


193519.6, 1977198 cee Seu 
218; (263; 264, 0271 Seto cee, 
3294, 301; motions~- by, Ist, 
1h1;.186,; 198, 20387 2063s aro, 
300, S022 resolutions by, 
183, "192, (270, 250: 9report 
by, as chairman of Commit- 
tee on Division of the State, 
204; mentioned, 201. 


West Virginia, new Stale of, men- 
tioned, 4; Act. for Admis- 
sion thereof into the Union, 


(825; beginning of the New 
State Government, 326. 327; 


first State officials of, elected, 
Don 

Western Virgnia, members of, 
in Secession Convention = at 
Richmond, 29; members there- 
of, expelled from the Conven- 
tion, 31. 

Wetzel, Lewis, member of Second 
Convention at Wheeling, 80. 
Wheat, James S., member of First 

Convention at Wheeling, 56; 


. INDEX. 


remarks by, 49, 52, 60; resolu- 
tion by, 48; elected Attorney 
General of Virginia under Re- 
stored Government, 152. 

Wheeling, City of, mentioned, 3; 
Constitutional Convention at, 5, 
318, 319; meeting of the Feo- 
ple of the Northwestern Con- 
vention thereat, 385; Second 
Convention thereat, 78; Pub- 
lic Library of , 4; Island of, 3, 
4, 

Willey, Waitman T., member of 
Secession Convention at Rich- 
mond, 29; vote by, on Ordi- 
nance of Secession. 30; mem- 
ber of Committee on Federal 
Relations, 11; expelled from 
Convention, 381; member of 
First Convention at Wheeling, 
56; remarks by, 42, 45, 46, 47, 
49, 57, 58, 60, 66,507} umeeaes 


70; mentioned, 229. 

Williams, Samuel C., member of 
Committee on Federal Rela- 
tions, 11. 

Williamson, James A., member 
of Second Convention at Wheel- 
ing, S80. 

Williamson, James W., member 


of Second Convention at Wheel- 
ing, 80; failure to attend, 30; 
name stricken from the roll, 
135. 

Wilson, Benjamin, member of 
Secession Convention at Rich- 
mond, 29. 

Wilson, Andrew, member of Sec- 
ond Convention at Wheeling, 
80; administered oath of ofiice 
to Governor Pierpont, 145. 

Wise, Henry A., member of Com- 

mittee on Federal Relations, 11. 

Withers, Henry W., member of 
Second Convention at Wheel- 
Nnigtewo, 

Wood County, 
therein, 26. 

Woods, Samuel, member of Seces- 
sion Convention at Richmond, 
29; vote bv, on Ordinance of 
Secession, 30. 


Z. 


Zinn, William B., member of Sec- 
ond Convention at Wheeling, 


Action of People 


80; temporary President of 
Convention, oon mentioned, 
200. 205; remarks: by, 234% 


motion by, 217; presented Pe- 
tition of Citizens of Preston 
County): 192: 


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iy I ; re 











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